Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 4875 of 2025 Applicant :- Rehan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- Ali Hasan,G.A.,Istiyaq Ali Hon'ble Rajeev Misra,J. Heard Mr. Rajesh Yadav, the learned counsel for applicants, the learned A.G.A. for State/opposite party-1 and Mr. Istiyaq Ali, the learned counsel representing first informant/opposite party-2. Perused the record. Applicants- Rehan And Another who were initially prospective accused, but were subsequently summoned by Court below in exercise of jurisdiction under section 319 Cr.P.C.to stand their trial have approached this Court by means of present application with the following prayer: "It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and quash the order dated 31.01.2025 passed by learned Additional District and Sessions Judge, Court No. 5, Moradabad in S.T. No. 1281 of 2017, State Versus Naseem @ Lambu and others, arising out of Case Crime No. 291 of 2017, under Sections 302, 147, 148, 149, 120-B I.P.C., Police Station-Mugalpura, District- Moradabad. It is further prayed stay the effect and operation of the order dated 31.01.2025 passed by learned Additional District and Sessions Judge, Court No. 5, Moradabad in S.T. No. 1281 of 2017, State Versus Naseem C Lambu and others, arising out of Case Crime No. 291 of 2017, under Sections 302, 147, 148, 149, 120-B I.P.C., Police Station-Mugalpura,District-Moradabad during pendency of the instant application otherwise, the applicants shall suffer irreparable loss and injury and/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." At the very outset, the learned A.G.A. and the learned counsel for first informant/opposite party-2 submit that applicants were summoned by Court below in exercise of jurisdiction under section 319 Cr.P.C. vide order dated 29.2.2020. Feeling aggrieved by above order dated 29.2.2020, passed by Additional Sessions Judge, Moradabad the applicants approached this Court by filing Criminal Revision No. 1654 of 2020 (Rehan and 3 Others) along with Criminal Revision No. 1179 of 2020 (Hilal Vs. State of U.P. and Another). Aforesaid revision was decided by this Court vide orderd dated 24.1.2024, whereby and whereunder the summoning of three of the prospective accused was quashed whereas summoning of present applicants ie. Rehan was sustained. However, above order dated 24.1.2024, applicant approached Apex Court by filing Special Leave Petition (Crl.) No. 6829 of 2024 (Rehan and Another Vs. State of U.P.), which also came to be dismissed by Apex Court vide order dated 10.5.2024. However, inspite of the fact that a period of more than 9 months has rolled by from the date of order dated 10.5.2024, applicants have not yet appeared before Court below. On the aforesaid premise, the learned A.G.A. and the learned counsel representing first informant/opposite party-2 submits that no interference is warranted by this Court in present application. When confronted with above, the learned counsel for applicant could not overcome the same. In view of above, the prayer prayed for is refused. However, considering the facts and circumstances of the case, it is provided that in case applicants surrender before court below within two weeks from today and apply for bail the Court below is shall decide the bail application of applicants in the light of the law laid down by Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) 10 SCC 773. With the aforesaid directions, this application is finally disposed off. Order Date :- 19.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad