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Neutral Citation No. - 2025:AHC:102369 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20299 of 2025 Applicant :- Javed Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Shukla,Rajiv Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for parties.
2. Present application has been preferred with prayer to quash the entire proceeding of Criminal Case no. 7409/2024 (State vs. Sunej and others) and charge-sheet no. 1/2024 dated 01.04.2024 under Section 307 and 465 IPC and 3/25/27 Arms Act, PS- Sarsawan, District- Saharanpur and cognizance order dated 14.11.2024 and NBW dated 11.03.2025 and 03.04.2025 passed by the court of Additional Chief Judicial Magistrate-III, Saharanpur which is pending in aforesaid court.
3. Learned counsel for applicant submitted that present FIR has been lodged against applicant and three other co-accused persons by opposite party no. 2/concerned Sub-Inspector, with the allegation that when the police tried to intercept, applicant along with other co-accused persons open fired upon police party and ran away from spot. After conclusion of investigation, charge-sheet has been submitted whereupon cognizance order dated 14.11.2024 has been passed which has been challenged through instant application.
4. It is contended by learned counsel for applicant that applicant has been falsely implicated in present case. Recovery whatsoever has been shown from pointing out of applicant is false. It is case of no injury hence the entire proceeding is liable to be quashed.
5. Per contra, learned AGA vehemently opposed the prayer sought through instant application.
6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that entire argument whatsoever has been raised through instant application is subject matter of trial and as such no interference is
required. Prayer sought through instant application cannot be acceded.
7. At last, learned counsel for applicant submitted that applicant has already been granted anticipatory bail, at least he may be granted liberty to seek regular bail.
8. As prayed without interfering into the merits of the matter, applicant may prefer regular bail by way of filing bail application before learned concerned court.
9. The instant application stands disposed of. Order Date :- 1.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad