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2025 DAILYLAW 107072 (ALL)

NAJIM v. STATE OF U.P. AND ANOTHER

A482/38858/2024 · 2025-07-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119653 Court No. - 77 Case :- APPLICATION U/S 482 No. - 38858 of 2024 Applicant :- Najim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Kumar Mishra Counsel for Opposite Party :- G.A.,Kuldeep Singh Chauhan Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Kuldeep Singh Chauhan, learned counsel appearing on behalf of opposite party nos. 3 and 4. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 30.09.2024 as well as summoning/cognizance order dated 03.10.2024 including the entire proceedings of Case No. 1914 of 2024 (State vs. Mohd. Ajam and others) arising out of Case Crime No.06 of 2024, under sections 3 and 4 of the Railway Property (Unlawful Possession) Act, Police Station-R.P.F. Bareilly City, District-Bareilly, pending in the Court of learned Additional Chief Judicial Magistrate, N.E.R., Bareilly, District Bareilly as well as to stay the further proceedings of abovementioned case. 3. In pursuance to the previous order of coordinate Bench of this Court dated 06.12.2024, Sri Kuldeep Singh Chauhan, learned counsel appearing on behalf of opposite party nos. 3 and 4 has submitted that he has already received instructions and the copy of the same is taken on record, through which it has been transpired that the allegation whatsoever has been put-forward against the applicant along with other co-accused are serious in nature that in shape of impersonation as well as disturbing the property which solely belongs to the Railways and as such no interference required in shape of considering the prayer as put-forward through the instant application. 4. The entire arguments as raised by learned counsel for the applicant is available before the learned trial court, which is on strict proof of evidence as well as the statement so recorded and the same shall be testified on the basis of cross and chief in trial only. 5. In view of aforementioned facts and circumstances, the instant application stand dismissed. 6. However, the applicant will be at liberty to appear before learned concerned court within a period of three weeks from today and applies for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. Till three weeks from today, no coercive action shall be taken against the applicant herein. Order Date :- 22.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad