Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35321 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. This application under Section 528 BNSS has been filed to quash the impugned charge sheet dated 26.05.2025 as well as impugned cognizance and summoning order dated 16.07.2025 and the entire proceedings of Sessions Case No. 14104 of 2025 (State of U.P. Vs. Hari Om and another) arising out of Case Crime No. 68 of 2025, under Sections 115(2), 76, 324(4) and 333 BNS, Police Station-Kotwali Nagar, District-Etah, pending before the Court of learned Chief Judicial Magistrate, Etah. It has been submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case and there is no material to proceed against the applicant. 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. 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 Versus Counsel for Applicant(s) : Aushim Luthra, Harishchandra Yadav Counsel for Opposite Party(s) : G.A. Hari Om .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 Shivani NA528 No. 35321 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad