Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 194495 (ALL)

MOHD. AASIM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31256/2025 · 2025-10-12

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31256 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State perused the record. 2. This application has been filed by the applicants to quash the charge sheet dated 28.08.2023 and cognizance/summoning order dated 08.11.2023 as well as entire proceedings of Case No.508 of 2023 (State vs. Mohd. Aasim and others) arising out of Case Crime No.245 of 2023 under Sections 452, 323, 504, 506 IPC, Police Station Jahanabad, District Pilibhit pending in the court of learned Additional Civil Judge (J.D), Court No.2/Judicial Magistrate, Pilibhit. 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 and as such the proceedings initiated against the applicants including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicants upon which learned court concerned has rightly taken cognizance and summoned the applicants. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicants. 6. In view of above, the prayer as made through instant application under Section 528 BNSS is refused and the same is hereby dismissed. Versus Counsel for Applicant(s) : Anamika Singh, Jitendra Pal Singh, Pradeep Kumar Singh Counsel for Opposite Party(s) : G.A. Mohd. Aasim And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. At the last learned counsel for the applicants prayed that they may be permitted to appear before learned trial court. It is provided that in case the applicants appear before the court concerned within four weeks from today and move application for bail, if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 8. For a period of four weeks from today, no coercive action shall be taken against the applicants. 9. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants. October 13, 2025 Rakesh NA528 No. 31256 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad