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2025 DAILYLAW 68327 (ALL)

GUFRAN AHMAD AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/25982/2025 · 2025-08-12

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138237 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25982 of 2025 Applicant :- Gufran Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Avinash Chandra Srivastava, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with the following prayers:- "... to quash entire criminal proceeding including charge sheet and summoning order dated 21.12.2024 in Case Crime no. 115 of 2024 (State vs. Sahwaz Ahmad Farooqui and others) u/s 3(2)(E) Damage to Public Property Act, 1984, PS- Shakti Nagar, District Sonbhadra, pending before Judicial Magistrate Duddhi, District Sonbhadra." 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Sahwaz Alias Shahnawaz Ahmad Farooqui and Mohd. Arbaz preferred Application u/s 528 BNSS no. 22501 of 2025 (Sahwaz Alias Shahnawaz Ahmad Farooqui and another vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 11.07.2025 has been passed by this Court whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicants who are also implicated in same Case Crime no. 115 of 2024 having same role and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings. 4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated 11.07.2025. 5. In view of foregoing discussion, parity of judgment and order dated 11.07.2025 is applicable in favour of applicants and as such entire proceeding arising out of Case Crime no. 115 of 2024 (State vs. Sahwaz Ahmad Farooqui and others) under Section 3(2)(e) Damage to Public Property Act, 1984, PS- Shakti Nagar, District Sonbhadra is hereby quashed and set aside in respect of applicants namely Gufran Ahmad and Safiq, in the light of judgment and order dated 11.07.2025 passed in case of Sahwaz Alias Shahnawaz Ahmad Farooqui (supra). 6. The instant application u/s 528 BNSS stands allowed accordingly. Order Date :- 13.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad