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2026 DAILYLAW 139 (ALL)

PANKAJ RAJPUT AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7915/2026 · 2026-03-09

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. - 7915 of 2026 Court No. - 76 HON'BLE NAND PRABHA SHUKLA, J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard Mr. Shivanand Mishra, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. This application under Section 528 BNSS has been filed to allow the present application and quash the entire proceeding of Complaint Case No. 1391 of 2024 (Vivek Versus Pankaj and others) under Sections 323, 504, 506 and 325 IPC, Police Station-Maudarwaja, District-Farrukhabad including summoning order dated 13.06.2025 passed by Additional Chief Judicial Magistrate/Civil Judge (S.D.) Fast Track Court, Farrukhabad and to stay the proceeding of the aforesaid Complaint Case. 4. 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. 5. Accordingly, prayer for quashing is declined. 6. However, in the interest of justice as the matter pertains to warrant case instituted on private complaint, it is provided that in case the applicants claim discharge at an appropriate stage through counsel, the same shall be Versus Counsel for Applicant(s) : Shivanand Mishra, Suraj Upadhyay Counsel for Opposite Party(s) : G.A. Pankaj Rajput And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) disposed of by the Trial Court in accordance with law after giving opportunity of hearing to both the parties by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment. 7. In case, the applicants are not on bail, it is further 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 other side. 8. Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case. 9. With the aforesaid direction, this application is disposed of. March 10, 2026 Shivani NA528 No. 7915 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad