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2026 DAILYLAW 5143 (ALL)

KHEMAKARAN KUMAR @ NIKTEN AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/36425/2026 · 2026-09-08

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36425 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA appearing for the State. 2. This application has been filed for seeking quashing of chargesheet dated 23.02.2026 along with cognizance/summoning order dated 21.04.2026 and entire proceeding of Case No.13397 of 2026 (State Vs. Khemkaran alias Niketan and others), arising out of Case Crime No.49 of 2026, under Sections 110, 115(2), 352, 351(2) BNS, P.S. Shikohabad, District Firozabad, pending in the court of learned Additional Chief Judicial Magistrate, Firozabad. 3. On perusal of the narration of FIR as well as impugned order and chargesheet along with injury report, 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 chargesheet and entire 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 has 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. 6. In view of the aforesaid, the instant application is finally disposed of Versus Counsel for Applicant(s) : Nirbhay Singh Counsel for Opposite Party(s) : G.A. Khemakaran Kumar @ Nikten And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 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. September 9, 2026 Vivek Kr. NA528 No. 36425 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad