Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:117523 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24194 of 2025 Applicant :- Saim Aizaz Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atharva Dixit,Pranav Tiwary,Sr. Advocate Counsel for Opposite Party :- Divyanshu Pathak,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Manish Tiwari, learned senior counsel for applicant, Sri Divyanshu Pathak, learned counsel for opposite party no. 2 and learned AGA for State.
2. Present application has been preferred with prayer to quash the impugned charge-sheet dated 16.05.2025 as well as impugned
order of cognizance dated 16.05.2025 and entire proceeding of Case no. 5263 of 2025 (State of U.P. vs. Saim Aizaz and others) arising out of Case Crime no. 0508 of 2024 under sections 352, 351(3), 109(1), 3(5) of BNS and Section 3/25 Arms Act at Police Station Civil Lines, District Rampur pending in court of learned Chief Judicial Magistrate, Rampur.
3. After some argument, learned counsel for applicant fairly submitted that applicant has not appeared before learned court concerned till today and as such he may be permitted to appear before court concerned and seek bail/anticipatory bail.
4. Per contra, learned AGA submitted that there is hardly any need for judicial order for seeking permission in favour of the applicant to appear before learned court concerned.
5. Considering the arguments raised by learned counsel for the applicant, since the entire proceeding has been put under challenge without appearing before learned concerned court, it is hereby
directed that in case the applicant appears before the court concerned within three weeks from today and move application for bail/anticipatory bail, if there is no other legal impediment before learned court concerned, the same shall be considered and
disposed of in accordance with law. Till three weeks from today, no coercive action shall be initiated against the applicant and he is at liberty to avail all the other remedies available at law for
seeking redressal of his grievances. It is also open for the applicant to press the same prayer in shape of quashing entire proceeding if required after appearing before learned concerned court.
6. The application u/s 528 BNSS stands disposed of accordingly.
Order Date :- 18.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad