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2025 DAILYLAW 71917 (ALL)

MOMEEN ALIAS MOBIN v. STATE OF U.P. AND ANOTHER

NA528/23753/2025 · 2025-09-24

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23753 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed by the applicant to quash the Cognizance order dated 26.10.2018 passed by C.J.M. Chandausi as well as the entire proceeding of Criminal Case No. 1772/2024 (State Vs. Dharmesh and others) arising out in Case Crime No. 231/2018, under Section 395, 412 I.P.C. Police Station- Rajpura, District- Sambhal, pending in the Court of A.C.J.M. Sambhal. 3. On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant. 5. Accordingly, the relief as sought by the applicant through this application is refused. 6. Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Versus Counsel for Applicant(s) : Anurag Pandey, Sudarshan Singh Counsel for Opposite Party(s) : G.A. Momeen Alias Mobin .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. September 25, 2025 Aditya NA528 No. 23753 of 2025 2 (Deepak Verma,J.) Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad