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2025 DAILYLAW 138017 (ALL)

SYED GAZNAFAR HUSAIN RIZAVI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

A482/3778/2025 · 2025-05-05

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26109 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3778 of 2025 Applicant :- Syed Gaznafar Husain Rizavi Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shashank Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. The present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) the applicant has challenged the entire proceedings of Complaint Case No. 1062 of 2022 (Anwar Abbas Vs. GAznafar Rizavi) under Section 138 of the Negotiable Instruments Act, 1881, Police Station Kotwali Unnao, District Unnao pending in the court of learned Additional Chief Judicial Magistrate, Court No. 4, Unnao. 3. Learned counsel for applicant, after arguing at some length submits that grievance of the applicant shall be redressed in case liberty is granted to the appellant to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection. 4. In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial court within two weeks from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). 5. The application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) is disposed of accordingly. . (Alok Mathur, J.) Order Date :- 5.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench