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2026 DAILYLAW 11958 (ALL)

KHEMCHANDRA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/43353/2026 · 2026-10-06

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43353 of 2026 Court No. - 76 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned A.G.A. appearing for the State. 2. The present application has been filed for seeking quashing of charge- sheet dated 21.03.2026, cognizance/summoning order dated 09.04.2026 and the entire proceeding of Case No.11151 of 2026 (State Vs. Khemchandra and others), arising out of Case Crime No.32 of 2026, under Sections 115(2), 352, 117(2), 110 BNS, P.S. Kheragarh, District Agra, pending in the court of learned Additional Chief Judicial Magistrate, Court No.11, Agra. 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 applicants 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. Versus Counsel for Applicant(s) : Deepak Kumar Tripathi, Devesh Tripathi Counsel for Opposite Party(s) : G.A., Ram Jatan Yadav Khemchandra And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 three weeks from today and 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. C.B.I. and Another, reported in 2021 (10) SCC 773. 7. However, it is made clear that till three weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case. October 7, 2026 Ashish/- NA528 No. 43353 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad