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2025 DAILYLAW 96880 (ALL)

VIKASH JOSHI v. STATE OF U.P. AND ANOTHER

NA528/36596/2025 · 2025-10-05

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36596 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of chargesheet dated 08.12.2023 along with cognizance/summoning order dated 17.05.2025 and entire proceeding of Crl. Case No.25446 of 2025 (State Vs. Gyaan Singh Kushwaha and others), arising out of Case Crime No.04 of 2022, under Sections 419, 420, 120-B IPC and Section 66/66D of I.T. Act, P.S. Cyber Crime Jhansi, District Jhansi, pending in the court of learned Chief Judicial Magistrate, Jhansi. 3. On perusal of the narration of FIR as well as impugned order and chargesheet, 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 chargesheet 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 applicants has 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 four weeks from today and applies for bail, his bail application shall be considered and decided Versus Counsel for Applicant(s) : Vinay Kumar Singh Counsel for Opposite Party(s) : G.A. Vikash Joshi .....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 four weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. October 6, 2025 Vivek Kr. NA528 No. 36596 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad