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Neutral Citation No. - 2025:AHC:46505 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 43665 of 2024 Applicant :- Rizwan Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Parvez Alam,Raj Narayan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under section 528 BNSS has been preferred to quash the charge- sheet dated 29.10.2022, cognizance/summoning order dated 24.03.2023 and the entire proceedings of Criminal Case No.1584 of 2023 (State vs. Rizwan) arising out of Case Crime No.0295 of 2022, under sections 15(2), 15(3) of Indian Medical Council Act, 1956 and section 420 I.P.C., P.S. Asmouli, District- Sambhal, pending in the court of learned Chief Judicial Magistrate, Sambhal at Chandausi as well as to stay the further proceedings of abovementioned criminal case.
3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and apply 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) to which
learned counsel for the respondents have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of one month from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till one month from today, no coercive action shall be taken against the applicant herein.
Order Date :- 3.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad