MOHAMMAD ATHAR @ ATHAR AND 2 OTHERS v. State of UP AND ANOTHER
A482/32298/2024 · 2025-09-18
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98060 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98060 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 32298 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Rejoinder affidavit filed by learned counsel for the applicants is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been preferred to quash the summoning order dated 02.07.2024 passed by Judicial Magistrate, Kasya, Kushinagar as well as further proceeding of Complaint Case No. 2031 of 2024 (Taufik Shah Vs. Yunus Khan and others), under Sections 323, 504, 506, 379 IPC, Police Station-Kasya, District-Kushinagar, pending in the Court of Judicial Magistrate, Kasya, Kushingar. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicants is refused. However, considering the prayer made by learned counsel for the applicants, Versus Counsel for Applicant(s) : Ashutosh Kumar Mishra, Sanjay Kumar Mishra, Saurabh Mishra Counsel for Opposite Party(s) : G.A., Syed Ahmed Faizan Mohammad Athar @ Athar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
it is directed that in case the applicants apply for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in Complaint Case No. 2031 of 2024 (Taufik Shah Vs. Yunus Khan and others), under Sections 323, 504, 506, 379 IPC, Police Station-Kasya, District-Kushinagar.
With the above observations, this application under Section 482 Cr.P.C. is disposed of in respect of appellant No. 1 Mohammad Athar @ Athar and appellant No. 3 Yunush Khan @ Mohammad Yunus. Prayer for appellant No. 2 Tahir is declined. September 19, 2025 Shivani A482 No. 32298 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad