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2026 DAILYLAW 8672 (ALL)

DINESH NAYAK AND 10 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/37730/2026 · 2026-09-22

Nand Prabha Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37730 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Sri Rajeev Tiwari, 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 12.02.2026 as well as to quash the further proceeding of Case No. 391 of 2026 (State Vs. Nandpal and others) in Case Crime No. 123 of 2025 under Sections 121(1), 132, 191(2), 217, 324(2), 352, 351(3), B.N.S., Police Station Saurikh, District Kannauj. 3. Learned counsel for the applicants submits that the alleged incident took place during mob violence. As per the statement of the doctor, injuries were minor and fresh, caused by hard and blunt object and simple in nature. 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. Versus Counsel for Applicant(s) : Ashok Kumar Chaudhary, Rajeev Tiwari Counsel for Opposite Party(s) : G.A. Dinesh Nayak And 10 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. 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 other side. 7. 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. 8. 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. 9. With the aforesaid direction, this application is disposed of. September 23, 2026 Puspendra NA528 No. 37730 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad