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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35926 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned A.G.A. appearing for the State.
2. The present application has been filed for seeking quashing of charge- sheet no.02/2023 dated 18.11.2023 and the entire proceeding of Case No.37426 of 2024 (State Vs. Bhavesh Kumar Pawar) arising out of Case Crime No.15 of 2022, under sections 406, 419, 420, 467, 468, 471, 120B I.P.C. and sections 66, 66D of I.T. Act, P.S. Cyber Crime, District- Gautam Budh Nagar, pending in the court of learned Chief Judicial Magistrate, Gautam Budh Nagar.
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 applicant submitted that liberty may be granted to applicant 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 applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided Versus Counsel for Applicant(s) : Neeraj Kumar Srivastava Counsel for Opposite Party(s) : G.A. Bhavesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 applicant herein in pursuance of aforesaid case. September 18, 2025 Saif NA528 No. 35926 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad