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2025 DAILYLAW 93278 (ALL)

AKHILESH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/35413/2025 · 2025-10-07

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35413 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, 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 entire proceedings as well as summoning order dated 27.08.2024 passed by Upper Civil Judge (J.D.)/Judicial Magistrate, Chhibramau, Kannauj in Case No. 2568 of 2023, under Sections 406 and 506 IPC, Police Station-Vishungarh, District-Kannauj, as Veerpal Vs. Shilendra Singh and others. 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 applicants. 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 applicants is refused. However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply 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 Versus Counsel for Applicant(s) : Arun Kumar Sharma, Zafar Ali Counsel for Opposite Party(s) : G.A. Akhilesh Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 applicants in Case No. 2568 of 2023, under Sections 406 and 506 IPC, Police Station-Vishungarh, District-Kannauj. With the above observations, this application under Section 528 B.N.S.S. is disposed of. October 8, 2025 Shivani NA528 No. 35413 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad