MOHD NADEEM AND 8 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/18759/2025 · 2025-05-25
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60091 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60091 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89555 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18759 of 2025 Applicant :- Mohd Nadeem And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aqeel Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 15.12.2018, summoning/cognizance order dated 16.06.2020 including the entire proceedings of Criminal Case No. 996 of 2020 (State vs. Nadeem and others) arising out of Case Crime No. 55 of 2018, under sections 419, 420, 467, 468, 120B IPC and Section 3/5 of Prevention of Damage to Public Property Act, Police Station-Ahraula, District-Azamgarh pending in the court of learned Additional Chief Judicial Magistrate, Court No. 2, Azamgarh as well as to stay the further proceedings of abovementioned case.
3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail applications may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for the respondents have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein.
Order Date :- 26.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad