BRAJESH KUMAR AND OTHERS v. STATE OF U.P. THRU. HOME SECREATARY ( MINISTRY OF HOME ) AND ANOTHER
NA528/18361/2026 · 2026-05-04
Nand Prabha Shukla
body2026
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Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18361 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Rahul Mishra, learned counsel for the applicants, learned AGA for the State and perused the record.
2. The present application under Section 528 BNSS has been filed with a prayer to quash the entire proceeding of Criminal Case No.51 of 2001 (State v. Suresh Chandra Chaudhary and others) arising out of Case Crime No. 160 of 2001 under Section 498-A, 323, 494, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Mahuli, District-Sant Kabir Nagar, pending before Court of learned Civil Judge (Junior Division) F.T.C.II Sant Kabir Nagar as well as impugned Charge Sheet dated 10.10.2001 and cognizance order 15.07.2002 as well as N.B.W. order dated 15.10.2007 and order 30.03.2026 passed by the learned Civil Judge (Junior Division) (J.M) F.T.C.II Sant Kabir Nagar.
3. It has been submitted by learned counsel for the applicants that the applicants are on bail and facing trial. Due to non-appearance in the court proceedings, non-bailable warrant as well as proceedings under Section 82 Cr.P.C., and 83 Cr.P.C., have been initiated against the applicants. The applicants are ready to cooperate in the court proceedings.
4. Learned counsel for the applicant undertakes that the applicants shall cooperate in the trial proceedings.
5. In case the applicants file their fresh personal bonds before the Court Versus Counsel for Applicant(s) : Rahul Mishra, Sanjay Mishra Counsel for Opposite Party(s) : G.A. Brajesh Kumar And Others .....Applicant(s) State Of U.P. Thru. Home Secreatary ( Ministry Of Home ) And Another .....Opposite Party(s)
concerned within a period of four weeks from the date of the order and cooperate in the court proceedings, no coercive measures shall be taken against the applicants.
6. It is made clear that in case, the applicants do not file their personal bonds within a period of four weeks or do not cooperate in the court proceeding, Trial Court is free to proceed against the applicants.
7. With the above observations, this application under Section 528 B.N.S.S. is disposed of. May 5, 2026 Aditya Tripathi NA528 No. 18361 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad