Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 85048 (ALL)

QAMRUL HASAN v. STATE OF U.P. AND ANOTHER

NA528/29666/2025 · 2025-08-12

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:138619 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29666 of 2025 Applicant :- Qamrul Hasan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 BNSS, has been filed for quashing the charge sheet no. 258/2023 dated 26.06.2023 cognizance order dated 21.09.2023 as well as consequential proceedings of Criminal Case no. 32443 of 2023 (State vs. Qamrul Hasan) arising out of Case Crime no. 240/2023 under sections 420 IPC, 15(2), 15(3) Indian medical Council Act, 1956, PS- Civil Lines, District Budaun, pending in court of Chief Judicial Magistrate, Budaun. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court. 4. On perusal of the narration of FIR as well as impugned order, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire criminal proceedings of the said case, can be set aside. 5. Accordingly, the prayer sought through the instant application, is refused. 6. Lastly, learned counsel for applicant submitted that liberty may be granted to applicant to surrender before the court concerned and apply for bail to which learned AGA has no objection. 7. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of 3 weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 8. However, it is made clear that till three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. Order Date :- 13.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad