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2025 DAILYLAW 95478 (ALL)

PRAMOD AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/36372/2025 · 2025-09-25

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36372 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Gaurav Srivastava, learned counsel for the applicants, Ms. Preete Chaudhary, learned counsel for opposite party no.2 and Shri Manoj Gautam, learned AGA for the State. 2. This application under Section 528 BNSS has been preferred for quashing the chargesheet dated 23.3.2025 as well as cognizance/summoning order dated 11.6.2025 and the entire proceedings of Case No. 8682 of 2025 arising out of Case Crime No.5/25 under Sections 191 (2), 191 (3), 190, 118 (1), 351 (2), 351 (3), 110 BNS, Police Station Basai Arela, District Agra. 3. At the very outset, learned counsel for the applicants seeks permission to withdraw the present application in respect of applicant no.7 Suneel son of Kalika Prasad. 4. In view of the above, the application stands dismissed as withdrawn in respect of applicant no.7 Suneel son of Kalika Prasad. 5. Learned counsel for the applicants confines his argument that a direction may be issued to the court concerned to consider his application for recall/cancellation of Non-Bailable Warrant or for bail application of applicant expeditiously in accordance with law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. 6. On the other hand, learned counsel for opposite party no.2 submits that no direction as such is required in the matter. Versus Counsel for Applicant(s) : Gaurav Srivastav, Mukesh Ray Counsel for Opposite Party(s) : G.A., Preete Chaudhary Pramod And 7 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. Learned AGA has no objection to the aforesaid prayer. 8. In view of the aforesaid, it is directed that in case the applicant nos. 1, 2, 3, 4, 5, 6 and 8 namely Pramod, Vinod, Ramjas @ Disco, Sarvesh, Praveen, Pradeep and Mukesh appear/surrender before the court below within a period of five weeks from today and apply for recall/cancellation of Non- Bailable Warrant or for bail, the same shall be considered and decided expeditiously, in accordance with the settled law. 9. For a period of five weeks from today or till the applicants appear/surrender before the court concerned, whichever is earlier, no coercive action shall be taken against them. 10. With the aforesaid observations, the present application stands disposed of. September 26, 2025 Madhurima NA528 No. 36372 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad