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2026 DAILYLAW 4720 (ALL)

RIZWAN KHAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/32208/2026 · 2026-09-07

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32208 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for parties. 2. Present application has been preferred with the prayer to quash the chargesheet dated 25.3.2025 and cognizance/summoning order dated 19.8.2025 passed by learned Additional Chief Judicial Magistrate/F.T.C., Gorakhpur as well as entire proceedings of Case no. 72367 of 2025 (State of U.P. vs. Rizwan Ahmad and others) arising out of Case Crime no. 131 of 2025, under Sections 271, 278, 352, 351(3) BNS against applicant no. 1 and under sections 352, 351(3) BNS against applicant nos. 2 to 4, P.S.- Gulharia, District Gorakhpur. 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, chargesheet and entire proceeding, 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 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 Versus Counsel for Applicant(s) : Sudhir Kumar Tripathi Counsel for Opposite Party(s) : G.A. Rizwan Khan And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) before the court concerned within a period of 15 days from today and apply for bail and if there is no other legal impediment before court concerned, 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 15 days from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case. September 8, 2026 Shaswat NA528 No. 32208 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad