MOHD. RIYAZ v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. LKO. AND ANOTHER
A482/7493/2025 · 2025-09-09
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161571 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161571 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7493 of 2025 Court No. - 14 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 has been filed for quashing the charge sheet dated 7.2.2023 and summoning order dated 26.6f.2023 as well as entire proceeding of Criminal Case No.1625 of 2023, State Vs. Mohd. Riyaz arising out of Case Crime No.456 of 2022 under Section 406 I.P.C. PS Raunahi, District Faizabad (Ayodhya) before the Judicial Magistrate-3, Faizabad. 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 Versus Counsel for Applicant(s) : Ram Mohan Mishra Counsel for Opposite Party(s) : G.A. Mohd. Riyaz .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Lko. And Another .....Opposite Party(s)
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 versus Central Bureau of Investigation and another (supra).
The application is disposed off accordingly. September 9, 2025 Ram Murti A482 No. 7493 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench