ROHIT YADAV AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/924/2025 · 2025-08-07
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156637 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156637 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46184 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 924 of 2025 Applicant :- Rohit Yadav And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Achal Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:-
"For the facts, reasons and circumstances, stated in the accompanying affidavit, filed in support of the present application under Section 528 B.N.S.S, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned judicial cognizance and summoning
order dated 16.06.2025 (Annexure No. 1), passed by the Chief Judicial Magistrate, Court No.18 Barabanki in Crl. Case No. 27055/2025 State Vs Rohit Yadav & Others as well as to quash the impugned Charge Sheet bearing No.01 dated 22.03.2025 (Annexure No. 3 ) arising out of Case Crime No. 0162/2025, under Section 115(2), 118(1), 352, 351(3), 110 B.N.S, Police Station- Fatehpur, District- Barabanki, pending in the Court of the Chief Judicial Magistrate, Court No.18, Barabanki, in the interest of justice. It is also prayed that this Hon'ble Court may graciously be pleased to stay further proceedings of case arising out of Case Crime No. 162/2025, under Section-115(2), 118(1), 352, 351(3), 110 B.N.S, Police Station- Fatehpur, District Barabanki, pending in the Court of the Chief Judicial Magistrate, Court No.18, Barabanki, in the interest of justice."
3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.
4. At this stage, learned counsel for the applicants 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's
judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.
5. Learned A.G.A. has no objection to the prayer made by
learned counsel for the applicants.
6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).
7. The application is disposed off accordingly.
Order Date :- 7.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench