SALMAN @ MOHAMMAD GULAM HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/7450/2025 · 2025-09-08
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162381 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162381 (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. - 7450 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 criminal case no.442 of 2025, State Vs. Mohammad Gulam Husain, under Sections 352, 353, 504, 506 I.P.C. along with charge sheet no.01 of 2024 in Case crime No.0874 of 2023 lodged in Police Station Kotwali Nagar, District Sultanpur including the summoning order dated 20.1.2025 passed by Chief Judicial Magistrate, Room No.16, Sultanpur in Case Crime No.442 of 2025 under Sections 352, 353, 504, 506 I.P.C. State Vs. Mohammad Gulam Husain so far as it relates to the applicant. 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, Versus Counsel for Applicant(s) : Yogesh Kumar Mishra, Dharmendra Kumar Yadav, Shraddha Chaturvedi Counsel for Opposite Party(s) : G.A. Salman @ Mohammad Gulam Husain .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
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 versus Central Bureau of Investigation and another (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 trial court, the trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. The application is disposed off accordingly. September 8, 2025 Ram Murti A482 No. 7450 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench