Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 99241 (ALL)

SUNIL GIRI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/37672/2025 · 2025-09-24

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37672 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of chargesheet dated 17.04.2016 and 07.05.2016 along with cognizance order dated 12.08.2016 and entire proceeding of Case No.2772 of 2016 (State Vs. Haider Ali and others), arising out of Case Crime No.90 of 2015, under Sections 147, 148, 149, 323, 504, 332, 353, 336, 427, 435 IPC and Section 3 of Prevention of Damage to Public Property Act and Section 7 of CLA Act, P.S. Jawan, District Aligarh, pending in the court of learned Judicial Magistrate, Court No.3, Aligarh. 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 applicant submitted that liberty may be granted to applicants 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 applicants surrender before the court concerned within a period of four weeks from today and Versus Counsel for Applicant(s) : Rakesh Kumar Srivastava, Satyawati Counsel for Opposite Party(s) : G.A. Sunil Giri And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) apply for bail, their bail application shall be considered and decided 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 applicants herein in pursuance of aforesaid case. September 25, 2025 Vivek Kr. NA528 No. 37672 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad