OM PRAKASH AND 17 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/35981/2025 · 2025-09-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95166 (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. - 35981 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 12.11.2024 along with cognizance/summoning order dated 13.05.2025 and the entire proceeding of Case No.25134 of 2025 (State Vs. Ashok Nishad and others), arising out of Case Crime No.394 of 2023, under sections 147, 148, 149, 332, 336, 353, 427, 323, 504, 506 I.P.C. and section 7 of Criminal Law (Amendment) Act and sections 3/5 Prevention of Damages to Public Property Act, 1984, P.S. Atraulia, District- Azamgarh, pending in the court of learned Judicial Magistrate, Court No.22, Azamgarh.
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 before the court concerned within a period of three weeks from today and Versus Counsel for Applicant(s) : Deep Narayan, Mukhtesh Kumar Counsel for Opposite Party(s) : G.A. Om Prakash And 17 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 18, 2025 Saif NA528 No. 35981 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad