Yunus @ Kutanne @ Yunus Khan vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
2025 Latest Caselaw 10625 ALL

Allahabad High Court

Yunus @ Kutanne @ Yunus Khan vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 15 September, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:56006
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 7639 of 2025   
 
   Yunus @ Kutanne @ Yunus Khan    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Shailesh Kumar Singh   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 14
 
   
 
 HON'BLE SHREE PRAKASH SINGH, J.      

1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

2. Instant application under section 482 Cr.P.C./528 of the B.N.S.S. has been filed with the prayer to quash the entire criminal proceedings of Case No.342/2025 (State Vs. Yunus @ Kutanne & another), arising out of FIR No.0079/2024, under Sections 420 and 406 IPC lodged at Police Station Phoolbehar, District Kheri, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Kheri, to quash the charge-sheet no.262/2024 dated 10.08.2024 filed in the aforesaid FIR and to quash the summoning order dated 11.04.2025 passed in the aforesaid case.

3. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been charge-sheeted. He next added that due to unavoidable circumstances, he could not appear before the trial below.

4. At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.

5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

6. On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be considered and decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).

7. The application is disposed of accordingly.

(Shree Prakash Singh,J.)

September 15, 2025

MVS/-