HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1393 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The instant application has been filed with prayer to quash/set-aside the entire criminal proceeding of Criminal Case No. No.564/2025, (State Vesus Jiyaullah and others) pending before the court of Civil Judge Senior Division Fast Track/Additional Chief Judicial Magistrate Ambedkar Nagar, including summoning order dated 28.07.2025 passed by the Civil Judge Senior Division Fast Track/Additional Chief Judicial Magistrate Ambedkar Nagar Criminal Case No. 546/2025, (State versus Jiyaullah & others) arising out of Case Crime no. 70/2025 under section 131, 352, 351(3) of BNS, Police Station Hanswar, District Ambedkar Nagar, as well as Charge Sheet No. 01 Dated 29.05.2025 filed by investigating officer, contained as Annexure No.1 and 2 to this petition. 3. Learned counsel for the applicant submits that the applicant is innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. 4. 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. Versus Counsel for Applicant(s) : Km.Rachna Mishra, Anil Kumar Verma, Mohammad Sohail Khan, Syed Rehman Mustafa Counsel for Opposite Party(s) : G.A. Jiyaullah And 3 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Revenue , Lucknow And Others .....Opposite Party(s) 5. At this stage, learned counsel for the applicant 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 applicant. 7. 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 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. The appeal is disposed off accordingly. September 26, 2025 Haseen U. NA528 No. 1393 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench