HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31241 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 19.11.2019 and cognizance/summoning order dated 22.04.2022 along with entire criminal proceedings of Case No.10773 of 2022 (State Vs. Bilkis Bano and others), arising out of Case Crime No.73 of 2019, under Sections 406 and 506 IPC, P.S.- Gorakhnath, District Gorakhpur, pending in the court of learned Additional Chief Judicial Magistrate-I, Gorakhpur. 3. Learned counsel for applicant submitted that present FIR has been filed against applicants and some unknown persons with allegation that he had taken a shop on monthly rent of Rs.500/- from Smt. Shamshun Nisha, who later on died and after her death he went to give the rent of the shop to care taken to applicant No.1. Learned counsel for applicant submitted that the present dispute persisting between the parties taken as tenant and landlord. It has been argued by learned counsel for applicants that same has been given criminal colour by way of implicating applicant in a stereotype story framed by the opposite party No.2, which was having allegation of theft of Rs. 4,000/- but same has not been transpired during the course of investigation conducted by concerned Investigating Officer and after detailed investigation applicants have been implicated only in sections 406 and 506 IPC, in charge-sheet dated 19.11.2019, where upon cognizance of offence taken by learned counsel for applicant in most mechanical manner without ascertaining any credible evidence collected Versus Counsel for Applicant(s) : Mohd Shiraz, Syed Wajid Ali Counsel for Opposite Party(s) : G.A. Bilkis Bano And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) during the course of investigation for attraction of sections under Sections 406 and 506 IPC, in pursuance to the same applicants have been summoned. 4. Learned counsel for applicants further submitted that once the part of narration available in the FIR has not been approved in absence of any credible offences collected during the course of investigation, charge sheet cannot be preferred only with intention to implicate the applicant on peace-meal information submitted at the behest of opposite party No.2. The arguments so raised by learned counsel for applicants also contains the background of animosity persisting between the parties for enhancing rent which was not admissible to opposite party No.2, as proposed by applicants. 5. On previous occasion notices have been issued to opposite party No.2, but in spite of service of notice as reported by the office report dated 14.09.2026, when the matter has been taken up, none had appeared on behalf of opposite party No.2, either in person or through any counsel. 6. Per contra, learned AGA, although supported the order dated 22.04.2022 passed by learned Additional Chief Judicial Magistrate-I Gorakhpur and submitted that applicant is also having a criminal history, which has been implicated in another Case Crime No.379 of 2021, under Sections 325, 504, 506 IPC, P.S. Chiluwatal, District Gorakhpur. So far as regarding applicant No.1 is concerned being Complaint Case No.2888 of 2009, (Khursheed Vs. Shamsun Nisha) under Section 325, 427, 504, 506 IPC, P.S. Gorakhpur and in another proceeding Applicant No.2 was implicated in Case No.510 of 2012, under Section 447, 120B IPC, which has been challenged in Criminal Misc. Application No.14353 of 2015 and the entire proceeding of Case Crime No.510 of 2012 has already been stayed by a co-ordinate Bench of this Court vide order dated 21.05.2015 and all these three cases have already been disclosed with proper explanation available in paragraph Nos. 21, 22,23 and 24 of the affidavit filed in support of the application. Apart from above mentioned criminal proceeding one more case has been indicated by learned A.G.A.-I being Case Crime No.346 of 2011, under Sections 186, 434 IPC, pending against applicant No.2 and the same has not been explained while preferring instant application. NA528 No. 31241 of 2026 2 7. Considering the pendency of the criminal proceeding against the applicants, it is crystal clear that applicant are pursuing the matter pending before the same judgeship and they are not named in the case, and are innocent to put their appearance before learned court concerned. Protection of law is always available at the very instance in favour of those who are law-abiding and no proceedings have ever been initiated specifically criminal proceedings against them. In other words they may be termed as first accused in the criminal history pertains to the very individual, but unfortunately applicants do not fall under the same category and as such both the applicants are directed to put their appearance before learned court concerned. 8. On perusal of the narration of FIR as well as impugned order and charge-sheet, 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 along with charge-sheet and entire criminal proceedings of the said case, can be set aside. 9. Accordingly, the prayer sought through the instant application, is refused. 10. Lastly, learned counsel for applicants 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. 11. 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 before the court concerned within a period of three from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law. 12. However, it is made clear that till three weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case. September 16, 2026 Ashish/- NA528 No. 31241 of 2026 3 (Saurabh Srivastava,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad