Bashir vs State Of U.P. And Another on 4 September, 2025

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Allahabad High Court

Bashir vs State Of U.P. And Another on 4 September, 2025

Bench: Saurabh Srivastava





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:157107
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 33644 of 2025   
 
   Bashir    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Wahid Jamal   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 77
 
   
 
 HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State perused the record.

2. This application has been filed by the applicant to quash the entire proceeding in pursuance of charge sheet dated 20.03.2017 as well as cognizance order dated 04.08.2018 in Criminal Case no. 3232 of 2018 (State vs. Suhel & others), Case Crime no. 454 of 2016 under sections 147, 148, 149, 307, 395, 336, 323, 332, 353, 504, 506 IPC 31(A) Crl. Law Amendment Act & 3 Prevention of Damage to Public Property Act, PS- Sikandrarau, District Hathras.

3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court.

4. Per contra, learned AGA vehemently opposed the prayer sought through instant application.

5. After hearing the rival submissions extended by learned counsels for the parties, this Court finds that none of the grounds raised by learned counsel for applicant are convincing for seeking quashing of entire proceeding. However, on the basis of argument raised by learned counsel for the applicant, applicant is hereby directed to surrender himself before learned concerned court within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicant. If, applicant intends to prefer bail application, and if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court.

(Saurabh Srivastava,J.) September 4, 2025 Shaswat

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