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2025 DAILYLAW 167672 (ALL)

DILSHAD @ MOHAMMAD DILSHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1395/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1395 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The instant application has been filed with the prayer to quash the impugned Summoning Order dated 11.06.2025, passed by the Learned Additional Chief Judicial Magistrate, Court No. 11, Barabanki as well as the impugno Chargesheet No. 01/2025, Dated 07.06.2025, filed Under Section 305(a) of B.N.S., in Criminal Misc. Case No. 1031/2025, 'State Vs. Mohd. Irfan and others' arising out of Case Crime No. 110/2025, under Section 305(a) of B.N.S., registered at Police Station Ramsanehighat, District- Barabanki, with a further prayer to stay the operation and implementation of the aforesaid impugned order of cognizance and summoning 11.06.2025. 4. 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's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. 5. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 6. 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 (supra). 7. 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 learned trial court, the learned trial court shall dispose of the same by a speaking Versus Counsel for Applicant(s) : Mansi Gupta Counsel for Opposite Party(s) : G.A. Dilshad @ Mohammad Dilshad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) and reasoned order strictly, in accordance with law. September 26, 2025 Haseen U. NA528 No. 1395 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench