Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 158782 (ALL)

MOHD. RIZWAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6831/2025 · 2025-08-25

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6831 of 2025 Court No. - 14 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 to with the prayer to quash the entire proceedings of, Case No. 5065/2024 "State Versus Rizwan", arising out of Case Crime no. 239/1995, under sections-379/411 I.P.C. relating to Police Station-Kadipur, District- Sultanpur, pending in the court of Learned Civil Judge (Junior Division) / Judicial Magistrate Kadipur Sultanpur as well as impugned Chargesheet No. 182/1995 dated 04/12/1995 (contained as Annexure no 1. to this petition) as well as impugned (Non bailable warrant) order issued against the petitioner (contained as Annexure no 2 to this petition). 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 Versus Counsel for Applicant(s) : Raghvendra Singh Counsel for Opposite Party(s) : G.A. Mohd. Rizwan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 of accordingly. August 25, 2025 AKS A482 No. 6831 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench