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2025 DAILYLAW 97350 (ALL)

TEJU @ TEJ SINGH AND 20 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/36504/2025 · 2025-10-05

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36504 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Supplementary affidavit preferred on behalf of applicants is taken on record. 2. Heard learned counsel for the parties. 3. Present application has been preferred with prayer to quash and set aside the entire proceeding of Criminal Case no. T2015165304395 of 2015 and charge sheet no. 114 of 2015 dated 17.5.2015 (State vs. Teju and others) arises from First Information Report dated 27.4.2015 registered as Case Crime no. 778 of 2015 under Section 198A(2) of U.P.Z.A. and L.R. Act, PS- Chunar, District Mirzapur as well as cognizance/summoning order dated 1.7.2015 passed by learned Sub-Divisional Magistrate, Chunar in Criminal Case no. T2015165304395 of 2015 and charge sheet no. 114 of 2015 dated 17.5.2015. 4. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. Learned counsel argued that that since 2015 charges have not been framed in the present case by learned trial court, hence on the ground of delay in trial, entire proceeding is liable to be set aside. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. Versus Counsel for Applicant(s) : Arvind Kumar Singh Counsel for Opposite Party(s) : G.A. Teju @ Tej Singh And 20 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Although entire proceedings has been put under challenge on the basis of delayed proceedings conducted by learned court concerned but it is also apparent from the records that summoning order has already been issued way back in the year 2015 and applicant has already appeared before learned court concerned. The basis for challenging the entire proceedings on the ground of delayed proceedings cannot be considered for quashing of the entire proceedings and as such prayer sought through instant application is hereby refused. 7. The instant application u/s 528 BNSS stands dismissed accordingly. However, applicant will be at liberty to avail whatever remedy available at law. October 6, 2025 Shaswat NA528 No. 36504 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad