YUNUS AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
NA528/1354/2025 · 2025-09-25
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166296 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166296 (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. - 1354 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. 2. The instant application under Section 482 Cr.P.C has been filed for quashing the impugned summoning order against the petitioners dated-01- 07-2025 passed by the Learned Chief Judicial Magistrate Barabanki, and kindly pleased to quash the charge sheet no-349/2024, case no- 27787/2025, case crime no-384/2024, under section- 115(2)/352/351(3)/3(5) B.N.S. Police Station Jaidpur, District- Barabanki on dated 09-11-2024. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence. 4. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. 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 applicants 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 Versus Counsel for Applicant(s) : Dharmendra Kumar Bhatt, Yogesh Kesarwani Counsel for Opposite Party(s) : G.A. Yunus And 3 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s)
and liable to be dismissed. 5. At this stage, learned counsel for the applicants submits that they do not want to press the application and seek 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. 6. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. 7.
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 versus Central Bureau of Investigation and another (supra). 8. Further, the applicants will have an opportunity at the appropriate stage to move 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 trial court, the trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. 9. The application is disposed off accordingly. September 25, 2025 Anuj Singh NA528 No. 1354 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench