Allahabad High Court
Ravindra Kumar Sharma vs State Of U.P. And Another on 10 September, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:161322
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34439 of 2025
Ravindra Kumar Sharma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Sr. Advocate, Uma Nath Pandey
Counsel for Opposite Party(s)
:
G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Radha Kant Ojha, learned senior counsel assisted by Sri Uma Nath Pandey, learned counsel appearing on behalf of applicant and learned AGA for State.
2. Present application has been preferred with prayer to quash the entire proceeding of Case no. 9836 of 2025 (State vs. Ravindra Kumar) pending in court of learned Chief Judicial Magistrate, Bulandshahar arises out of charge sheet dated 17.08.2025 filed in Case Crime no. 1146 of 2024 under sections 351(2), 352, 125 of BNS and section 30 of Arms Act, PS- Kotwali City, District Bulandshahar as well as order taking cognizance and summoning on dated 22.08.2025 passed by Chief Judicial Magistrate, Bulandshahar.
3. The instant matter is arising out of Case Crime no. 1146 of 2024 and the same is only at the behest of opposite party no. 2 against the applicant. Both the parties are practicing advocates before District Judgeship of Bulandshahar and being the rival faction of two groups they conducted election of Bar Association, District Court Bulandshahar. The inter se dispute, came up before this Court in Writ C no. 5943 of 2025 (District Bar Association and another vs. Bar Council of India and 2 others) and the same has been decided vide judgment dated 21.03.2025 wherein specific expectation of the Division Bench of this Court is quoted herein below:
"We expect the members of the Bar Association to behave in orderly fashion and remain true to the profession which is known as noble profession and not indulge in any undesirable activities. The parties also to undertake that all proceedings initiated by them against each other would be withdrawn so that all acrimony between the parties come to an end. We permit the parties to approach the concerned SSP with such request and it goes without saying that the concerned SSP would do the needful."
4. In pursuance to the observations as made above by Division Bench of this Court, once the applicant approached before the concerned Senior Superintendent of Police, the specific opinion has been received by Additional Director Prosecution from the Senior Prosecuting Officer, District Bulandshahar dated 16.06.2025 through which Case Crime no. 1146 of 2024 in pursuance to sections 351(2), 352, 125 of BNS and section 30 of Arms Act, 1959, has been declined to withdraw since the same was not attracting the certain sections of the election dispute.
5. Learned senior counsel submitted that the opinion whatsoever has been rendered by Senior Prosecution Officer, District Bulandshahar is contrary to the undertaking which has been recorded by Division Bench of this Court vide judgment and order dated 21.03.2025 as quoted hereinabove.
6. So far as relating the cases which has been registered at the behest of the applicant is concerned, final report has already been submitted by concerned Investigating Officer but in the instant matter, applicant has been summoned in pursuance to cognizance order dated 22.08.2025.
7. It is the argument raised by learned senior counsel that there is hardly any occasion arises before the prosecution to proceed contrary to the undertaking which has already been recorded by Division Bench of this Court and preferring charge sheet and action taken up by learned concerned court thereupon is directly under the teeth of the order dated 21.03.2025.
8. Per contra, learned AGA although opposed the prayer as made in the application but did not disputed the essence of the order dated 21.03.2025 and also submitted that there was no occasion available before Senior Prosecuting Officer, Bulandshahar to opine in the matter once crystal clear judgment has already been rendered by Division Bench of this Court.
9. In view of aforementioned facts and circumstances, no occasion arises after judgment dated 21.03.2025 to prosecute the applicant in any manner whatsoever in connection to the First Information Report registered against the applicant arising out of the dispute of rival factions which culminated into registering Case Crime no. 1146 of 2024 and as such entire proceeding arising out of Case Crime no. 1146 of 2024 under sections 351(2), 352, 125 of BNS and section 30 of Arms Act, PS- Kotwali City, District Bulandshahar is hereby set aside.
10. The instant application u/s 528 BNSS stands allowed accordingly.
(Saurabh Srivastava,J.)
September 10, 2025
Shaswat
