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2025 DAILYLAW 96860 (ALL)

RAMDAS v. STATE OF U.P. AND ANOTHER

NA528/36445/2025 · 2025-10-05

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36445 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash charge sheet dated 19.5.2017 as well as entire proceeding against the applicant in Case no. 1449/2017 (State vs. Ramdas) arising out of Case Crime no. 268/2016 under Section 3/7 Essential Commodities Act, PS- Dataganj, District Budaun. 3. At the very outset, learned AGA raised a preliminary objection regarding maintainability of instant application on the ground of delay since the impugned cognizance/summoning order has been passed way back in the year 2017 itself and no satisfactory explanation has been put forward by applicant in respect of delay in challenging the same. It has also been submitted that NBW orders have already been issued against the applicant. 4. Learned counsel for applicant could not rebut the objection raised by learned AGA and confined his prayer only to the extent that applicant be permitted to appear in pursuance to cognizance order dated 18.8.2017 and NBW issued against him, within some stipulated period. 5. Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to impugned summoning order dated 18.8.2017/NBW issued against him within four weeks from today. Till four weeks from today, no coercive Versus Counsel for Applicant(s) : Adesh Kumar, Akhileshwar Pratap Singh Counsel for Opposite Party(s) : G.A. Ramdas .....Applicant(s) State of U.P. and Another .....Opposite Party(s) action shall be initiated against the applicant. After the expiry of aforesaid period of four weeks, learned concerned court is directed to proceed as per law. However, it is made clear that none of the grounds are convincing for seeking quashing of orders impugned along with entire proceeding. 6. With the aforesaid observation, the application is disposed of. October 6, 2025 Shaswat NA528 No. 36445 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad