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2025 DAILYLAW 75688 (ALL)

MOHD. FAIYYAZ ALAM v. STATE OF U.P. AND ANOTHER

NA528/28078/2025 · 2025-08-11

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28078 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. It is submitted by the learned counsel of the applicant that the applicant is not related in any manner with the premises from where the alleged recovery was found. The FIR has been lodged on false grounds while the applicant have not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. The impugned order has been passed without applying judicial mind. 3. Learned A.G.A. prays for and is granted three weeks' time to file counter affidavit. 4. Rejoinder affidavit, if any, may be filed within a week thereafter. 5. List this case on 9.12.2025. 6. Till the next date of listing, further proceedings of case crime no.0059 of 2020 under section 63 of Copyright Act (Amendment) 1957, Sections 103 and 104 of Trade Mark Act, 1999 and Sections 188, 271, 420 IPC and Section 3/4 of Pandemic Act, 1897, Police Station Anwarganj, District Kanpur Nagar pending in the Court of Special Chief Judicial Magistrate, Kanpur Nagar shall remain stayed as against the applicant. October 10, 2025 ss Versus Counsel for Applicant(s) : Manoj Kumar Singh, P.K. Singh Counsel for Opposite Party(s) : G.A. (Nalin Kumar Srivastava,J.) Mohd. Faiyyaz Alam .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad