HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27828 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the charge-sheet dated 14.03.2020, cognizance order dated 10.06.2020 and non-bailable warrant/82 Cr.P.C. order dated 20.07.2024 as well as the entire proceedings of Criminal Case No.3139 of 2020 (State vs. Anis and Others) under section 307 IPC, arising out of Case Crime No.236 of 2019, P.S. Ratanpuri, District- Muzaffarnagar, pending in the court of learned Additional Civil Judge (Junior Division) III, Muzaffarngar. 3. Learned counsel for applicant submitted that initially applicant has been implicated in pursuance to Case Crime No.236 of 2019, wherein after conduction of detail investigation, concerned Investigating Officer preferred charge-sheet on dated 14.03.2020, whereupon cognizance of offence has been taken up by learned court of Judicial Magistrate Ist, Muzaffarnagar on dated 10.06.2020 itself in pursuance to section 307 IPC. 4. It is also submitted by learned counsel for applicant that the applicant has already been extended bail vide order dated 13.03.2020 passed by learned Session Judge, Muzaffarnagar. Versus Counsel for Applicant(s) : Sayeed Saif Ullah, Sufia Saba, Uzma Mansoori Counsel for Opposite Party(s) : G.A. Anis .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Learned counsel for applicant while challenging the entire proceedings arising out of Case Crime No.236 of 2019 submitted that there is hardly any injury caused to the police party as alleged through narration of the F.I.R., whereupon cognizance of offence has been taken up in pursuance to section 307 IPC and as such this is the no injury case, whereupon applicant has been put to trial under section 307 IPC. 5. On the other hand, learned A.G.A. submitted that today from the office, he received some another file under the name and number of instant matter and as such he is incapacitated to assist the Court in reference to the arguments so as raised by learned counsel for applicant. 6. In absence of any assistance by learned A.G.A., the matter has to be thorough scrutiny by the Court itself, through which it is apparent from the records that upon some information received through reliable sources, a police team raided over the squad, wherein applicant has been found with some other persons and at the time of interception they were busy in kidnapping a tractor driver, who was carrying loaded trolley with sugarcane and has been illegally found in a tube-well room with proper lock. The entire incident has been rendered in shape of F.I.R. wherein applicant has been assigned a contributory role as a complexed with the main offender, who is also co-accused, namely, Abid. 7. In view of aforementioned facts and circumstances of the case, the grounds taken up by learned counsel for applicant are amenable before learned trial court, wherein adjudication shall be possible only after considering the examination of witnesses in shape of cross and chief as well as proving the evidences whatsoever has been put for implicating the applicant for trial. Hence, none of the grounds are convincing for considering the prayer as made through the instant application. 8. The instant application stands dismissed accordingly. 9. At the last, learned counsel for applicant submitted that even after extending bail in favour of applicant, he is not appearing before learned court concerned, which culminated into NA528 No. 27828 of 2025 2 proceedings under sections 82 & 83 Cr.P.C. and now as per instructions received, learned counsel for applicant submitted that applicant is entitled to appear before learned court concerned for extending his full co-operation for expeditious disposal of the trial. 10. Considering the prayer as made by learned counsel for applicant at last, four weeks' time is hereby extended in favour of applicant to appear before learned court concerned in pursuance to proceedings under sections 82 & 83 Cr.P.C. Till four weeks from today, no coercive action shall be taken against the applicant. October 14, 2025 Saif NA528 No. 27828 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad