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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30337 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
learned counsel for applicants and learned counsel for opposite party no.2 as well AGA appearing for the State.
2. This present application has been filed for seeking quashing of chargesheet dated 05.03.2025 along with cognizance/summoning
order dated 02.06.2025 and entire proceeding of Case No.667 of 2025 (State Vs. Bilal and others), arising out of Case Crime No.30 of 2025, under Sections 324(4), 115(2), 351(2), 351(3) BNS and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, P.S. Sibhawali, District Hapur, pending in the court of learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Garhmukteshwar, Hapur.
3. On perusal of the narration of FIR as well as impugned order and chargesheet, 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.
4. Accordingly, the prayer sought through the instant application, is refused.
5. Lastly, learned counsel for applicants has submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no Versus Counsel for Applicant(s) : Mohd. Kamar Shah Alam Counsel for Opposite Party(s) : G.A., Javed Alam Bilal And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
objection.
6. In view of the aforesaid, the instant application is finally
disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their 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).
7. However, it is made clear that till three weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case. September 19, 2025 Vivek Kr. NA528 No. 30337 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad