AKEEL ABBAS AND AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
NA528/1443/2025 · 2025-09-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168145 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168145 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1443 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. This instant application has been filed primarily to quash the impugned summoning order dated 04-03-2025 and the Charge Sheet bearing No. 01 dated 01-09-2024 in Case Crime No. 0140 of 2024. The charge sheet was filed against applicants No. 1 (Akeel Abbas) and No. 2 (Raza Abbas) under Sections- 74,115(2),324(2),351(2),352,333 B.N.S.-2023, and against applicant No. 3 (Nargis Fatima) under under Sections-15(2),324(2),351(2),352,333 B.N.S.-2023, P.S. Saadatganj, District Lucknow. The petitioners seek to quash the aforesaid orders and the entire consequential proceedings in Criminal Case No. 20961 of 2025 (State Versus Akeel Abbas and 2 others), currently pending before the Learned J.M.-First Class/A.T.S., Lucknow. Additionally, the petition includes an ancillary prayer to stay every proceeding arising from the said criminal case until the disposal of the application, insofar as it relates to the petitioners. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and were never involved in committing the offence as has been mentioned in the First Information Report. He added that due to enmity, his name has been planted in the First Information Report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. 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 Versus Counsel for Applicant(s) : Mohammad Aslam Beg Counsel for Opposite Party(s) : G.A. Akeel Abbas And And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s)
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 and reasoned order strictly, in accordance with law. 8. The application is disposed of accordingly. September 26, 2025 Haseen U. NA528 No. 1443 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench