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2026 DAILYLAW 2430 (ALL)

MUNNE KHAN v. STATE OF U.P. THROUGH ITS SECRETARY HOME, GOVERNMENT OF U.P. AT LUCKNOW AND ANOTHER

NA528/19782/2026 · 2026-05-13

Deepak Verma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19782 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This application has been filed by the applicant to quash the summoning order dated 18.01.2018 passed by Court of Civil Judge (J.D.)/Judicial Magistrate, Shikohabad, Firojabad in proceeding of Complaint Case No. 1273 of 2017 (Madeena Begam Vs. Munne Khan and others), against the applicant Under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Makkhanpur, District Firojabad. 3. At the outset learned counsel for the applicant gave up his challenge to the aforesaid criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously. 4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period. Versus Counsel for Applicant(s) : Brijesh Kumar Prajapati, Maheshwari Prasad Srivastava, Surendra Kumar Singh Counsel for Opposite Party(s) : G.A. Munne Khan .....Applicant(s) State Of U.P. Through Its Secretary Home, Government Of U.P. At Lucknow And Another .....Opposite Party(s) 5. In view of the above, the relief as sought by the applicant in the instant application is refused. 6. However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail or recall for NBW, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. 7. 7. For the period of three weeks from today or till the time of surrender of the applicant before the concerned Court, whichever is earlier, non-bailable warrant dated 29.09.2018 shall be kept in abeyance. 8. With the above observations and directions, the application under Section 528 BNSS is disposed of. May 14, 2026 Meenu Singh NA528 No. 19782 of 2026 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad