ASHISH YADAV v. STATE OF U.P THROUGH SECRETARY (HOME) AND ANOTHER
NA528/33705/2025 · 2025-09-03
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 92239 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92239 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33705 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 528 B.N.S.S. has been preferred to quash the summoning order dated 22.10.2024 as well as bailable warrant dated 12.08.2025 issued by Judicial Magistrate, Chandauli in Case Crime No. 88 of 2024 (State Vs. Sipahi Yadav and Others) arising out of Case Crime No. 88 of 2024, under Sections 323, 504, 506, 325 and 308 IPC, Police Station-Dhanapur, District-Chandauli and also to stay the further proceeding of Case No. 15608 of 2024 (State Vs. Sipahi Yadav and Others) arising out of Case Crime No. 88 of 2024, under Sections 323, 504, 506, 325 and 308 IPC, Police Station-Dhanapur, District-Chandauli. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicant is refused. However, considering the prayer made by learned counsel for the applicant, Versus Counsel for Applicant(s) : Amit Kumar Yadav Counsel for Opposite Party(s) : G.A. Ashish Yadav .....Applicant(s) State Of U.P Through Secretary (Home) And Another .....Opposite Party(s)
it is directed that in case the applicant applies for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in Case No. 15608 of 2024 (State Vs.
Sipahi Yadav and Others) arising out of Case Crime No. 88 of 2024, under Sections 323, 504, 506, 325 and 308 IPC, Police Station-Dhanapur, District-Chandauli. With the above observations, this application under Section 528 B.N.S.S. is disposed of. September 4, 2025 Shivani NA528 No. 33705 of 2025 2 (Nand Prabha Shukla,J.)
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad