SHAKEEL AHMAD AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/33368/2025 · 2025-09-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91343 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91343 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33368 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with prayer to quash entire proceeding of Criminal Case no. 5091 of 2016 (State vs. Shakeel Ahmad and others) including supplementary charge sheet dated 21.04.2017 arising out of Case Crime no. 800 of 2016 under sections 147, 148, 149, 336, 186, 353, 332, 427 IPC and 7 CLA Act and 3/4 Prevention of Damage to Public Property Act, 1984, PS- Farrukhabad Kotwali, District Farrukhabad as well as cognizance order dated 24.03.2018 and NBW order dated 24.4.2023 passed by learned Chief Judicial Magistrate, Farrukhabad.
3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. Applicants have no concern with the co-accused Amir and Ankit in any manner and they have never committed any such type of offence as alleged in the FIR, hence the entire proceeding is liable to be set aside.
4. Per contra, learned AGA vehemently opposed the prayer sought through instant application.
5. It is apparent from the record that the cognizance order has already been passed on dated 24.03.2018 itself and thereafter applicants have been summoned in pursuance to cognizance of offence taken up by learned court Versus Counsel for Applicant(s) : Deepak Dwivedi, Dharmendra Kumar Singh Counsel for Opposite Party(s) : G.A. Shakeel Ahmad And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
concerned. It is admitted fact at the behest of the applicants that none of the applicants appeared before learned court concerned which culminated into NBW issued against the applicants for ensuring their presence.
6. Without interfering in the grounds whatsoever has been taken up for challenging the entire proceedings, the applicants are directed to appear before learned concerned court within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicants.
7. The instant application u/s 528 BNSS stands disposed of accordingly. However, it is made clear, none of the grounds are convincing for seeking interference of this Court. September 18, 2025 Shaswat NA528 No. 33368 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad