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2025 DAILYLAW 94665 (ALL)

DEVNARAYAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34755/2025 · 2025-09-10

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34755 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned A.G.A. appearing for the State. 2. The present application has been filed for seeking quashing of charge- sheet dated 05.07.2024 along with cognizance/summoning order dated 21.06.2025 and the entire proceeding of S.T. No.770 of 2025 (State Vs. Devnarayan and others), arising out of Case Crime No.131 of 2024, under sections 147, 323, 504, 506, 354, 354(kha) IPC and sections 9/10 of POCSO Act against applicant nos.1, 3 & 4 and under sections 147, 323, 504, 506, 354 IPC against applicant nos.2 & 5, P.S. Ramkola, District- Kushinagar, pending in the court of learned Special Judge (POCSO Act), Kushinagar at Padrauna. 3. On perusal of the narration of FIR as well as impugned order and charge- sheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with charge-sheet and entire criminal proceedings of the said case, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicants submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection. 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender Versus Counsel for Applicant(s) : Chandra Prakash Misra, Prakash Sharma Counsel for Opposite Party(s) : G.A. Devnarayan And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. However, it is made clear that till three weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case. September 11, 2025 Saif NA528 No. 34755 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad