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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27734 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 chargesheet dated 29.10.2018 along with cognizance order dated 19.11.2018 and entire proceeding of Case No.4477 of 2019 (State Vs. Rifakat Ali), arising out of Case Crime No.471 of 2018, under Section 279, 338, 304-A IPC, P.S. Vijay Nagar, District Ghaziabad, pending in the court of learned Additional Civil Judge (S.D.)/ACJM, Court No.3, Ghaziabad.
3. On perusal of the entire material available on record in shape of impugned order which is of the year 2018 and chargesheet which was also submitted in the year 2018, 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 chargesheet, can be set aside.
4. Accordingly, the prayer sought through the instant application, is refused.
5. Lastly, learned counsel for applicant has submitted that liberty may be granted to applicant to surrender before the court concerned and apply for bail to which learned AGA has no Versus Counsel for Applicant(s) : P.K. Singh, Sunil Kumar Dubey Counsel for Opposite Party(s) : G.A. Rifakat Ali .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 applicant surrenders before the court concerned within a period of four weeks from today and applies for bail, hi 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 four weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. October 13, 2025 Vivek Kr. NA528 No. 27734 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad