Allahabad High Court
Moh Wasim And 6 Others vs State Of U.P. And Another on 17 March, 2025
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:37283 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 8357 of 2025 Applicant :- Moh Wasim And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gulabul Hasan,Neeraj Singh Yadav,Pradeep Kumar Aditya Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Neeraj Singh Yadav, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1.
2. Perused the record.
3. Applicants-Moh Wasim And 6 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 528 BNSS with the following prayer:
" It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the charge sheet dated 30.11.2024 in Case Crime No.0305 of 2024 (State Vs. Wasim and others) pending in the Court ofCivil Judge (S.D.) FTC Pilibhit under section 64, 351(2), 85, 127 (3) of BNS at Police Station- Neoria, District-Pilibhit.
It is also prayed to stay the further proceeding of Case No. 57 of 2025 arising out of case crime no. 0305 of 2024 (State Vs. Wasim and others) pending in the Court of Civil Judge (S.D.) FTC Pilibhit under section 64, 351(2), 85, 127 (3) of BNS at Police Station- Neoria, District- Pilibhit till the disposal of present application And/or may pass such other and further orders and direction as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the case."
4. At the very outset, the learned A.G.A. representing State opposite party 1 has raised a preliminary objection by contending that applicants have not yet been summoned by court blow. In support of above, it is further contended by the learned A.GA. that neither the copy of summoning order has been appended alongwith this application nor a challenge to the same has been made in the prayer clause of this application. Referring to the Full Bench judgement of this Court in Father Thomos Vs. State of U.P. and another, (2011) 1 ADJ 333 (ALL), the learned A.G.A. submits that an accused has no right to be heard till he is summoned. On the above premise, the learned A.G.A. submits that since applicant has not yet been summoned by court below, therefore, present application filed by applicants is misconceived. As such, the same is liable to be dismissed.
5. When confronted with above, the learned counsel for applicants submits that he be permitted to withdraw the present application with liberty to file afresh giving better particulars and proper relief.
6. Learned A.G.A. has no objection to the prayer made by the learned counsel for applicants.
7. In view of above, this application is accordingly dismissed as withdrawn at this stage with liberty aforesaid.
Order Date :- 17.3.2025 YK