FASIHUDDIN SUHEIL KHAN v. STATE OF U.P. THRU. PRIN.SECY. HOME DEPTT. AND ANOTHER
A482/6636/2025 · 2025-08-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157659 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157659 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48322 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6636 of 2025 Applicant :- Fasihuddin Suheil Khan Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. And Another Counsel for Applicant :- Kuldeep Kumar Srivastava,Deepansi,Mangal Sen Yadav,Pankaj Verma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the impugned summoning order dated 01-10-2024 as well as the bailable warrant dated 21-07-2025 passed by the court of Chief Judicial Magistrate, Balrampur, whereby, the applicants have been summoned in furtherance of chargesheeet dated 11-04-2024, arising out of FIR No. 399 of 2023, under sections 419,420 and 406 of the I.P.C., Police Station-Kotwali Nagar, District- Balrampur and to quash the entire proceedings of Criminal Case No. 803 of 2024 "State Vs Rizwan Banjara and Others", arising out of FIR No. 0399 of 2024, under sections 419,420 and 406 of I.P.C., Police Station-Kotwali Nagar, District-Balrampur.
Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. 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's judgment in the case of Satender Kumar Antil versus 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). Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to him, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. The application is disposed of accordingly.
Order Date :- 19.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench