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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33903 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS') has been filed for quashing of entire proceedings, including charge-sheet dated 20.11.2018 as well as cognizance / summoning order dated 23.02.2019, of Case No. 272 of 2019 (State Vs. Jakwan and others), arising out of Case Crime No.693 of 2018, under Section 294 IPC, P.S.- Chandpur, District- Bijnor, pending in the court of Civil Judge (J.D.) / Judicial Magistrate, Chandpur, Bijnor. 3. It has been submitted by learned counsel for the applicant that the first information report of this case was lodged by a police constable alleging that applicant and two co-accused persons were indulging in eve-teasing. There is no statement of any victim lady and charge-sheet was submitted only on the basis of statement of police officials. Referring to facts of the matter, it was submitted that no prima-facie case is made out against applicant. 4. It is further submitted that in the aforesaid case charge has been framed against applicant vide order dated 14.12.2020 but not a single witness has been examined so far and thus on ground of long delay in trial, the impugned proceedings are liable to be quashed. 5. Learned AGA has opposed the application and submitted that a prima- facie case is made out against the applicant. 6. I have considered the rival submissions and perused the record. 7. Perusal of record shows that applicant was summoned vide order dated 23.02.2019 and charge was framed on 14.12.2020. There is nothing to show that applicant has ever challenged the order of framing of charge. Now the Versus Counsel for Applicant(s) : Syed Shahnawaz Shah Counsel for Opposite Party(s) : G.A. Jakwan .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
case is fixed for evidence. It is correct that no fix period of limitation has been prescribed for filing an application under Section 528 BNSS but nevertheless the same has to be filed within a reasonable time. In the instant matter, no satisfactory explanation has been shown for long delay in filing application under Section 528 BNSS for quashing of proceedings. 8.
However, it appears that applicant is facing trial for offence under Section 294 I.P.C. since last more than five years and not a single witness has been examined so far. In view of these facts and circumstances, it appears desirable that a direction may be made to the trial Court concerned to decide the said case expeditiously within a specific time frame. 9. In view of aforesaid, the prayer for quashing of proceedings is refused. However, the trial Court is directed to expedite the proceedings of the aforesaid case and to conclude the same as early as possible preferably within a period of six months from the date of receipt of copy of this order. 10. With the aforesaid observations, the application u/s 528 BNSS is disposed of. October 6, 2025 'SP'/- NA528 No. 33903 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad