Waseem Ahmad Alias Mohammad Waseem vs State Of U.P. And Another
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Allahabad High Court

Waseem Ahmad Alias Mohammad Waseem vs State Of U.P. And Another on 28 February, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:28392
 
Court No. - 74
 

 
Case :- APPLICATION U/S 528 BNSS No. - 4199 of 2025
 

 
Applicant :- Waseem Ahmad Alias Mohammad Waseem
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Indra Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.
 

1. Heard Sri I.K. Mishra, learned counsel for the applicants and Sri J.P. Gupta, learned AGA for the State.

2. This is an application U/S 528 filed by the applicants for quashing the proceedings in Criminal Case No. 25406 of 2024 (State Vs. Waseem Ahmad) arising out of Case Crime No. 104 of 2022, under Section 406, 504, 506 IPC, P.S. Tiwaripur, District Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Gorakhpur.

3. Learned counsel for the applicant submits that a first information report stood lodged under Sections 406, 504, 506 IPC by the opposite party No. 2 against the applicant and one unknown accused on 08.08.2022 being FIR No. 0104 relatable to the offence that certain cash was taken by the complainant from the applicant but it was not being returned and the threat were also administered. Learned counsel for the applicant submits that he had filed Writ Petition No. 12429 of 2022 wherein he was accorded protection in the light of judgment in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273. Learned counsel for the applicant submits that summoning order has been issued on 10.04.2024 by the court below under Section 406, 504, 506 IPC in a cyclostyled manner and thereafter on 19.12.2024, non-bailable warrants have been issued. Learned counsel for the applicant submits that interim protection be accorded to the applicant and applicant shall be filing an appropriate application recalling/surrender and, in case, the same is done, then the same be decided within the time specified by the Court.

4. Considering the submission made by the counsel for the parties, the application stands disposed of directing the applicant to file recall/surrender by 28.03.2025 and on the said motion, the court below shall pass appropriate orders by 15.04.2025. Till 15.04.2025 or the disposal of the application so sought to be submitted whichever is earlier, no coercive action shall be taken against the applicant in Criminal Case No. 25406 of 2024 (State Vs. Waseem Ahmad) arising out of Case Crime No. 104 of 2022, under Section 406, 504, 506 IPC, P.S. Tiwaripur, District Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Gorakhpur. Interim order shall stand vacated if the applicant does not stick to time line and violation of order without reference to the Bench.

Order Date :- 28.2.2025

Rajesh