NIJAMUDDIN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO. AND 3 OTHERS
/1232/2025 · 2025-09-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163383 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163383 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1232 of 2025
Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 528 of BNSS has been filed with the prayer to quash the chargesheet No.A/75/25, dated 13.03.2025 in Case No. 2828 of 2025; State Vs. Nizamuddin and others, arising out of Case Crime No. 70 of 2025, under Sections 115(2), 351(3), 352 BNSS, Police Station Malhipur, District Shravasti and summoning
order dated 10.06.2025 passed by learned CJM, Shravasti.
Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the First Information Report. He added that due to enmity, their names have been planted in the First Information Report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below. 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 Versus Counsel for Applicant(s) : Garima Singh, Harshit Singh Counsel for Opposite Party(s) : G.A. Nijamuddin And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And 3 Others .....Opposite Party(s)
and another (2022)10 SCC 51. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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). Further, the applicants 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 them, 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. September 12, 2025 kkv/ NA528 No. 1232 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench