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2025 DAILYLAW 91497 (ALL)

GAJENDRA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/33847/2025 · 2025-10-05

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33847 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge sheet dated 14.01.2002 as well as order dated 07.08.2013, of Case No. 267 of 2004 (State Vs. Gajendra and Others), arising out of Case Crime No. 578 of 2001, under Sections - 427, 506 I.P.C., Police Station - Dadri, District - Gautam Buddh Nagar, pending in the court of Additional Civil Judge (Senior Division)-1st, Gautam Buddh Nagar. 3. It is submitted by learned counsel for the applicants that in the aforesaid case applicants were granted bail by the Trial court vide order dated 08.01.2002 and after that charge-sheet was submitted. After submission of charge sheet no notice or warrant was served upon upon applicants and thus, they have no knowledge about the impugned proceedings. Referring to facts of the matter, it was submitted that prayer made above is not being pressed and that applicants would appear before the Trial court concerned and a direction may be made to the court concerned to decide their application for cancellation of warrants / application for bail expeditiously and protection may be granted till then. Versus Counsel for Applicant(s) : Shravan Kumar Singh Counsel for Opposite Party(s) : G.A. Gajendra And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. In view of aforesaid, it is directed that in case applicants appear / surrender before the court concerned within a period of three weeks from today and apply for cancellation of warrants or for bail, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today or till the applicants surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. October 6, 2025 S Rawat NA528 No. 33847 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad