FAIZ ALI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11550/2026 · 2026-09-08
Nand Prabha Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4875 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4875 (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. - 11550 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Mohammad Danish, learned counsel for the applicants, Mr. Sandeep Kumar Srivastava, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to set-aside/quash the impugned chargesheet dated 15.01.2026 along with cognizance order dated 18.02.2026 passed by the learned Additional Chief Judicial Magistrate-III, Amroha, as well as the entire proceedings of Case No. 131 of 2026 (State Vs. Faiz Ali and others) arising out of Case Crime No. 312 of 2025, for the offence punishable under Sections 318(4), 340(2), 352, 351(2) of B.N.S., Police Station Said Nagali, District Amroha, pending in the court of learned Additional Chief Judicial Magistrate-III, Amroha. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that 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. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. 4. Accordingly, prayer for quashing is declined. 5. In case, the applicants are not on bail, it is directed that if the applicants Versus Counsel for Applicant(s) : Akhilesh Kumar Singh, Mohammad Danish Counsel for Opposite Party(s) : G.A., Sandeep Kumar Srivastava Faiz Ali And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
appear or surrender through counsel before the Trial Court and makes an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side. 6. Further, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within six weeks thereafter. 7.
For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. September 9, 2026 Aditya Tripathi NA528 No. 11550 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad