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2026 DAILYLAW 4872 (ALL)

RABIYA v. STATE OF U.P. AND ANOTHER

NA528/32200/2026 · 2026-09-07

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32200 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Mazhar Ullah, learned counsel for applicant, Sri Ajai Kumar, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 16.3.2026 and cognizance/summoning order dated 27.5.2026 as well as entire proceedings of Case no. 33831 of 2026 (State of U.P. vs. Siraz @ Shaharaj and others) arising out of Case Crime no. 544 of 2024, under Sections 406, 504, 419, 120B IPC, P.S.- Civil Lines, District Moradabad. 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 applicant 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 applicant surrender before the court concerned within a period of three weeks from today and apply for Versus Counsel for Applicant(s) : Mazhar Ullah Counsel for Opposite Party(s) : Ajai Kumar, G.A. Rabiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) bail, his 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 applicant herein in pursuance of aforesaid case. September 8, 2026 Shaswat NA528 No. 32200 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad