Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 95052 (ALL)

MAHSHAR v. STATE OF U.P. AND ANOTHER

NA528/34855/2025 · 2025-09-10

Kshitij Shailendra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34855 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed challenging the chargesheet dated 10.09.2023 and cognizance order dated 10.10.2024 as well as entire proceedings of Criminal Case No.11322 of 2024 (State vs. Shajid and others), arising out of Case Crime No.301 of 2023, under Sections 308, 323, 504 I.P.C., Police Station-Nagina, District-Bijnor. 3. Submission is that applicant is a lady and has been falsely implicated in the matter and on the date of alleged incident, i.e. 01.09.2023, she was not even present on the spot and had four months pregnancy. 4. Reliance has been placed on Annexure 6 to the affidavit, which is a copy of Health Progress Chart/Card issued by the office of the Ministry of Health and Family Welfare, which reflects the date of birth of applicant's child as 02.02.2024 and submission has been made that other accused persons have already been granted bail but Non Bailable Warrants have been issued against the applicant. 5. Considering the submissions made, this application is disposed of with the following directions:- (a). The applicant is permitted to file appropriate application seeking recall/cancellation of Non Bailable Warrants as per Section 70 Cr.P.C./Section 72 B.N.S.S. before the concerned court; Versus Counsel for Applicant(s) : Lal Bahadur, Ram Sajiwan Prajapati Counsel for Opposite Party(s) : G.A. Mahshar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (b). In case such an application is filed within three weeks from today, appropriate orders in accordance with law, shall be passed within next six weeks; (c) For a period of six weeks or till passing of order on the aforesaid application, if filed, no coercive action shall be taken against the applicant. September 11, 2025 Jyotsana NA528 No. 34855 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad