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2025 DAILYLAW 193064 (ALL)

SAIBA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/25526/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25526 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of entire criminal proceeding of Case no. 466 of 2025 (State vs. Smt. Saiba and others) arising out of Case Crime no. 66 of 2025 under sections 115(2), 352, 351(2), 324(2) BNS, PS- Rajabpur, District Amroha along with charge sheet dated 25.3.2025 as well as cognizance and summoning order dated 15.5.2025 passed by learned Judicial Magistrate, Amroha. 3. On perusal of the entire material available on record in shape of impugned order along with other record, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with entire criminal proceedings of the said case, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicants has submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection. 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of 15 days from today and apply Versus Counsel for Applicant(s) : Jayant Prakash Singh Counsel for Opposite Party(s) : G.A. Saiba And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) for bail, if there is no other legal impediment before learned court concerned, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. However, it is made clear that till 15 days from today, no coercive action shall be taken against applicants namely Saiba and Kamil in pursuance of aforesaid case. Applicants will be at liberty to avail all other remedy available at law. October 28, 2025 Shaswat NA528 No. 25526 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad