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2025 DAILYLAW 171600 (ALL)

SALMAN v. STATE OF U.P. AND ANOTHER

NA528/41168/2025 · 2025-10-26

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41168 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application under Section 528 BNSS has been filed by the applicant to quash the entire criminal proceeding as well as the impugned summoning order dated 09.02.2025 passed by the Court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, District- Kaushambi in Complaint Case No. 876 of 2024 (Saniya @ Nagma Begum v. Salman and others) under Section 352 BNSS, P.S.- Sarai Akil, District- Kaushambi. After arguing the matter at some length, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously. Learned A.G.A. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection in granting protection to him for a short period. Versus Counsel for Applicant(s) : Rajneesh Kumar, Sangam Singh Counsel for Opposite Party(s) : G.A. Salman .....Applicant(s) State of U.P. and Another .....Opposite Party(s) In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For the period of four weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case. With the above observations, this application under Section 528 BNSS is disposed of. October 27, 2025 Aditya Tripathi NA528 No. 41168 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad