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2025 DAILYLAW 189709 (ALL)

MOHD KAIF @ MOHD KAIF MALIK AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/33587/2025 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33587 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed by the applicants to quash the chargesheet no.01 of 2024 dated 06.11.2024, cognizance and summoning order dated 26.11.2024 as well as entire proceeding in Criminal Case No.2962 of 2024 (State vs. Shuaib and others), under Sections 352, 115(2), 351(2), 351(3) B.N.S., & Section 3(2)va of S.C./S.T. Act, P.S. Niwari District Ghaziabad, pending in the court of Special Judge SC/ST Act, Ghaziabad. 3. By way of present application applicants have challenged the summoning order dated 26.11.2024. The order dated 26.11.2024 is final order. Section 14-A of S.C./S.T. Act provides appeal. 4. Learned counsel for the applicants has placed reliance upon a Division Bench judgment of this Court in Abhishek Awasthi @ Bholu Awasti vs. State of U.P. 5. The Full Bench judgment passed in Ghulam Rasool Khan and others Vs. State of U.P. and others the Court in para-17 (iii) has held that Question No. (III) is answered in negative holding that the aggrieved person having remedy of appeal under Section 14-A of the 1989 Act, cannot be allowed to invoke inherent jurisdiction of this Court under Section 482 Cr.P.C. Versus Counsel for Applicant(s) : Abhitab Kumar Tiwari Counsel for Opposite Party(s) : G.A. Mohd Kaif @ Mohd Kaif Malik And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In view of the Full Bench judgment, no interference is warranted. 7. The application is, accordingly, dismissed. 8. Certified copy of the F.I.R./order sheet be returned to the applicants as per rule after retaining a photo-stat copy of the same on the record. October 15, 2025 SKD NA528 No. 33587 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad