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2025 DAILYLAW 140041 (ALL)

MOHAMMAD ALEEM KHAN @ ALEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/4056/2025 · 2025-05-15

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28821 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4056 of 2025 Applicant :- Mohammad Aleem Khan @ Aleem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Saud Khan,Sajjad Husain,Shri Kishan Prajapati Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The instant application under Section 482 Cr.P.C/ 528 BNSS has been filed with the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge Sheet No. 01/2023, dated 23.10.2023 as well as summoning order dated 18.11.2024 arising out of the Case Crime No.0229/2023, under section 147, 323, 324, 332, 353, 308 IPC, Police Station-Madiyaon, Lucknow, in Session Case No.2638/2024, titled as State versus Mohd. Shoeb Khan and others, pending in the court of Learned Fourth Additional District Judge/E.C. Act, Lucknow, against the Petitioner (so far as it relates to the petitioner), as contained in Annexure No.1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Session Case No.2638/2024, titled as State versus Mohd. Shoeb Khan and others, bearing Case Crime No.0229/2023, under section 147, 323, 324, 332, 353, 308 IPC Police Station-Madiyaon, Lucknow, pending in the court of Learned Fourth Additional District Judge/E.C. Act, Lucknow (so far as it relates to the petitioner), during pendency of the petition, in the interest of justice." Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). The application is disposed off accordingly. Order Date :- 15.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench