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2025 DAILYLAW 95327 (ALL)

VIRENDRA SINGH v. STATE OF U.P. AND ANOTHER

NA528/35313/2025 · 2025-09-14

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35313 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and quash the impugned NBW order dated 02.02.2019 passed by Additional Chief Judicial Magistrate, Agra in Case No. 1067 of 2011 (State of U.P. vs. Virendra Singh and another) arising out of Case Crime No. 37 of 2003, under Sections 409, 420, 468, 471, 120-B IPC, Police Station Pinahat, District Agra, pending in the court of Additional Chief Judicial Magistrate-II, Agra. It has been submitted by learned counsel for the applicant that NBW has been issued and the applicant is ready to cooperate in the trial proceedings. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. Accordingly, prayer for quashing is declined. Versus Counsel for Applicant(s) : Ashutosh Pandey Counsel for Opposite Party(s) : G.A. Virendra Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) However, in the interest of justice, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant in the aforesaid case. With the aforesaid direction, this application is disposed of. September 15, 2025 Puspendra NA528 No. 35313 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad