NABIJULLAH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. LKO. AND ANOTHER
/10051/2025 · 2025-12-09
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175114 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175114 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10051 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record. 2. The present application has been filed for the following main relief(s):-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire proceeding of Case No.2255/2023 (State Vs. Nabijullah and others) under Section 307, 420, 472 & 353 I.P.C., Police Station-Salon, District- Rae Bareli as well as against the impugned summoning order dated 17.07.2025 passed by 1st Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Rae Bareli and impugned Charge Sheet No.37/2019 dated 18.01.2019 Annexure no. 5 against the Applicants arising out of Case Crime No.16 of 2019, under Section 307, 420, 472 & 353 I.P.C., Police Station-Salon, District-Rae Bareli, pending before the 1st Additional Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Rae Bareli, in the interest of justice. It is, further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceeding of Case No.2255/2023 (State Vs. Nabijullah and others) under Section 307, 420, 472 & 353 I.P.C., Police Station- Salon, District- Rae Bareli as well as against the impugned summoning order dated 17.07.2025 passed by 1st Additional Civil Division)/(Senior Judge Additional Chief Judicial Magistrate, Rae Bareli and impugned Charge Sheet No.37/2019 dated 18.01.2019 against the Applicants arising out of Case Crime No.16 of 2019, under Section 307, 420, 472 & 353 I.P.C., Police Station-Salon, District-Rae Bareli, pending before the 1st Additional Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Rae Bareli, during the pendency of present application before this Hon'ble Court, otherwise the Applicants shall suffer from irreparable loss and injury."
3. At the very outset, learned counsel for the applicants, who are said to be Versus Counsel for Applicant(s) : Rajan Singh Counsel for Opposite Party(s) : G.A. Nabijullah And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And Another .....Opposite Party(s)
on bail, has submitted that without acceding the main prayer(s) sought in the application, the instant application may be disposed of with liberty to applicants to prefer discharge application, which may be directed to be decided by the court concerned most expeditiously. 4. To the aforesaid, there is no objection. 5.
Accordingly, the instant application is disposed of with liberty to applicants to prefer discharge application before the court concerned which shall be considered and decided most expeditiously by the court concerned. 6. With the aforesaid, the application is disposed of finally. December 9, 2025 Arun/- A482 No. 10051 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench