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2026 DAILYLAW 12070 (ALL)

SMT SANTOSH DEVI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31828/2026 · 2026-10-06

Nand Prabha Shukla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31828 of 2026 Court No. - 77 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to quash the Charge Sheet dated 19.02.2025 as well as the cognizance and summoning order dated 17.01.2026 in Case No. 193 of 2026, (State Versus Satish and others) being Case Crime No. 343 of 2024, Under Section 191(2), 115(2), 351 (2) B.N.S. Police Station- Mandi Dhanaura, District-Amroha, which is pending in the Court of Judicial Magistrate Amroha. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. 4. Accordingly, prayer for quashing is declined. 5. In case, the applicants are not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and make an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving Versus Counsel for Applicant(s) : Santosh Kumar Singh Counsel for Opposite Party(s) : G.A. Smt Santosh Devi And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) opportunity to the other side. 6. Further, it is provided that in case the applicants move applications for discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within six weeks thereafter. 7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. October 7, 2026 Nisha NA528 No. 31828 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad