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2025 DAILYLAW 193720 (ALL)

AQUEEL AHMAD AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/26720/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26720 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Ms. Sufia Saba, learned counsel for the applicants and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 07.04.2024 and cognizance/summoning order dated 04.05.2024 as well as the entire proceedings of Criminal Case No.2150 of 2024 (State vs. Aqueel Ahmad and Another) arising out of Case Crime No.358 of 2023, under sections 420, 467, 468, 471, 406, 384, 506, 120B I.P.C., P.S. Kotwali, District- Etawah, pending in the court of learned Additional Chief Judicial Magistrate 1st, Etawah. 3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants. It is also submitted by learned counsel for applicants that applicants have already been extended bail, wherein so far as applicant no.1 is concerned, proper bail has been extended in his favour by co-ordinate Bench of this Court and so far as applicant no.2 is concerned, he has already been extended anticipatory bail till the conclusion of trial. Considering the above, proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel Versus Counsel for Applicant(s) : Abdul Majeed, Farogh Majeed, Sufia Saba Counsel for Opposite Party(s) : G.A. Aqueel Ahmad And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) for applicants by way of submitting that the arguments whatsoever has been raised by learned counsel for applicants is amenable before learned trial court, which is specifically on the basis of statements so recorded by prosecution witnesses and the material evidences, which has been collected during the course of investigation and as such prima-facie offence has been made out against the applicants. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that there is hardly any case made out for quashing the entire proceedings only at the behest of non- implication of the applicants in any manner. So far as allegation which has been put forward through narration of F.I.R. directly show involvement of the applicants for committing certain offence, which resulted into taking cognizance of offence by learned court concerned, whereupon the trial is still proceeding wherein applicants are participating. As such, grounds whatsoever has been raised by learned counsel for applicants are the grounds which are amenable before learned trial court. 6. In view of above, the prayer as made through the instant application under section 528 BNSS is hereby refused. Applicants are hereby directed to avail all the other legal remedies available at law. 7. The instant application stands disposed of accordingly. October 14, 2025 Saif NA528 No. 26720 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad