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2025 DAILYLAW 85252 (ALL)

IFTEKHAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/29548/2025 · 2025-08-11

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136604 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29548 of 2025 Applicant :- Iftekhar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned A.G.A. for State. 2. The instant application under section 528 BNSS has been preferred to quash the bailable warrant dated 06.03.2025 issued against the applicants along with cognizance/summoning order dated 03.04.2023 as well as the entire proceedings of Criminal Case No.143 of 2023 (State vs. Iftekhar and Others) arising out of Case Crime No.230 of 2018, under sections 2/3 of U.P. Prevention of Damages to Public Property Act, P.S. Meerganj, District- Jaunpur, pending in the court of learned Civil Judge (J.D.)/F.T.C./ Judicial Magistrate, Jaunpur. 3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants 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 cognizance/summoning order along with bailable warrant are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial as well as bailable warrant issued against the applicant is on right perspective and as such the instant application is liable to be rejected. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned cognizance/summoning order along with bailable warrant issued against the applicant and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. Order Date :- 12.8.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad