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Allahabad High Court · body

2025 DAILYLAW 183502 (ALL)

ABDUSSUFIYAN @ ABDUSH SUFIYAN @ ADBUL SUFIYAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/10707/2025 · 2025-12-17

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10707 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The present application under Section 482 Cr.P.C./Section 528 B.N.S.S. has been filed seeking following main relief:- "to quash the summoning order dated 26.07.2021 passed by Learned Additional District and Session Judge, Court No.07/NDPS, Lucknow (annexed as Annexure-1) in complaint case No. 0522/2021, under section- 17A, 17B, 18A, 18B, 18C, 27, 28, 28A, Drug & Cosmetic Act 1940, P.S.- Aminabad, District- Lucknow, "State versus Manish Tiwari and others" and further proceedings of the case in pursuance thereof, pending in the court of Learned Additional District and Session Judge/ATS, Lucknow, in the interest of justice." 3. After arguing at length, learned counsel for the applicant submits that he does not want to press this application on merits and he wants to file an application under Section 210 CrPC before the trial Court for which he may be granted liberty. However, he submits that the applicant will surrender before the trial court and apply for bail. He prays that the applicant may be granted the benefit of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (AIR 2022 SC 3386). Versus Counsel for Applicant(s) : Ashish Kumar Dubey, Kamran Anwar Counsel for Opposite Party(s) : G.A. Abdussufiyan @ Abdush Sufiyan @ Adbul Sufiyan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 4. Liberty is granted to the applicant, as sought for, to move an application under Section 210 Cr.P.C. before the trial Court, in accordance with law. 5. In view of prayer made by the applicant, it is, therefore, directed that in case the applicant surrenders before the Court below within three weeks from today and prefers bail application, the trial court will decide the said bail application, as expeditiously as possible, taking into account the law laid down by the Supreme Court in the case of Satender Kumar Antil (supra). 6. For a period of three weeks from today, no coercive action shall be taken against the applicant in the aforesaid case. 7. The application stands disposed of. December 17, 2025 Mohit Singh/- A482 No. 10707 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench