Allahabad High Court
Nishat Zubair @ Nishat Husain And ... vs State Of U.P. Thru. Prin. Secy. Home ... on 5 February, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:7304
Court No. - 12
Case :- APPLICATION U/S 482 No. - 1041 of 2025
Applicant :- Nishat Zubair @ Nishat Husain And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Mohd Kamal Khan
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
The present application has been filed by the applicants for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned cognizance and summoning order dated 20.05.2022 passed by the learned Addl. Chief Judicial Magistrate-First, Faizabad in Criminal Complaint Case No. 1041 of 2020, Sayyed Mohammad Anwar Versus Etait Hussain alias Arshad and another and the impugned N.B.W. orders dated 25.11.2024 and 03.01.2025 passed by the learned Addl. Civil Judge (Sr. Division)/Addl. Chief Judicial Magistrate, Ayodhya in Criminal Complaint Case No.1240 of 2024, Sayyed Mohammad Anwar Versus Etait Hussain alias Arshad and another as contained in Annexure no.1, 2 and 4 respectively to this petition and further be pleased to quash/set aside the entire proceedings of Complaint U/S 190 (1) Cr.P.C. dated 15.10.2020 filed by the complainant/opposite party no.2 as contained in Annexure no.4 to this petition, which in now pending before the learned Addl. Civil Judge (Sr. Division)/Addl. Chief Judicial Magistrate, Ayodhya otherwise, the petitioners will suffer irreparable loss and injury which cannot be made good in any event."
After arguing the matter at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously.
Learned AGA has no objection to the prayer made by learned counsel for the applicants.
Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.
Liberty is also granted to the applicants to move discharge application before the court below and while deciding the discharge application, the court concerned shall taken note of the facts of the case and also the judgment passed by the Hon'ble Apex Court in the case ofDelhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690.
Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case ofSatendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.
With the aforesaid observations, the present application is disposed of.
Order Date :- 5.2.2025
Arun/-
