RAMESH @ GOLU AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 1545 of 2025

Ramesh @ Golu And 3 Others
                                                               .....Applicant(s)
                                     Versus

State of U.P. and Another
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)      : Sudhakar Shukla
Counsel for Opposite Party(s) : Abhinav Trivedi, Adarsh Kumar, G.A.

Court No. - 78
                 HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Sudhakar Shukla, learned counsel for the applicants, Mr.
Prashant Mishra holding brief of Mr. Abhinav Trivedi, learned counsel for
the opposite party No. 2, 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 quash the entire proceeding of Case No. 22414 of 2024 (State v.
Ramesh @ Golu and Others) arising out of Case Crime No. 164 of 2024
under Sections 498A, 323, 504, 506, 354-A, 427 IPC and Section 3/4 Dowry
Prohibition Act, P.S.-Rura, District-Rampur Dehat as well as impugned
cognizance/summoning order dated 04.10.2024 passed by the learned Civil
Judge (Junior Division) FTC/CAW, Kanpur Dehat.

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 makes an
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                                    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. However, in the interest of justice, it is further provided that in case the
                                    applicants move an application for discharge at an appropriate stage through
                                    counsel within 45 days, the same shall be disposed of by the Trial Court by a
                                    reasoned and speaking order in accordance with law within two 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.



                                                                                        (Nand Prabha Shukla,J.)
                                    May 7, 2026
                                    Aditya Tripathi




Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad