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2026 DAILYLAW 5404 (ALL)

SHIV SHANKAR CHAUDHARY AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34808/2026 · 2026-09-08

Nand Prabha Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34808 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Sri Aman Kumar Rai, 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 allow this application and to quash the charge-sheet dated 26.10.2025, summoning order dated 03.06.2026 passed by learned Additional Chief Judicial Magistrate 1st, Room No. 09, Basti as well as entire proceeding of Criminal Case No. 204 of 2026 (State vs. Shivshankar Chaudhari and others) arising out of Case Crime No. 270 of 2025, under sections 191(2), 115(2), 352, 351(3) BNS (147, 323, 504 and 506 IPC) Police Station Rudhauli, District Basti pending before the Court of learned Additional Chief Judicial Magistrate-1st, Room No. 09, Basti. 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 Versus Counsel for Applicant(s) : Aman Kumar Rai, Ashok Kumar Rai Counsel for Opposite Party(s) : G.A. Shiv Shankar Chaudhary And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 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. September 9, 2026 Puspendra NA528 No. 34808 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad