AWADHESH SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/21547/2026 · 2026-10-04
Nand Prabha Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12339 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12339 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21547 of 2026 Court No. - 77 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Rajesh Kumar Singh, 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/ set aside the cognizance/ summoning order dated 12.01.2026, charge-sheet No.A 140/2025 dated 17.07.2025 as well as entire criminal proceeding of Case No.220/2026 (State Versus Awadhesh Singh and others) arising out of Case Crime No.154/2025, under Sections 115(2), 351(3) B.N.S., Police Station- Sukhpura, District- Ballia, pending in the Court of learned Additional Civil Judge (J.D.) Court No.2, Ballia. 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 opportunity to the Versus Counsel for Applicant(s) : Rajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Awadhesh Singh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
other side. 6. Further, it is provided that in case the applicants move an application 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 5, 2026 Radhika NA528 No. 21547 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad