Dr. Aashif Ali @ Asif Ali And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Dr. Aashif Ali @ Asif Ali And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 31 March, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:22291
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 1872 of 2026   
 
   Dr. Aashif Ali @ Asif Ali And Another    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Sabir Ali, Mohd. Islam Khan   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 15
 
   
 
 HON'BLE BRIJ RAJ SINGH, J.      

1. Heard learned counsel for the applicants and learned AGA for the State.

2. This application has been filed with the following main reliefs:

"For the facts, reasons and circumstances, stated in the accompanying affidavit, filed in support of present petition under Section-482 Cr.P.C. (Now U/S 528 B.N.S.S.) it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 01.04.2025, passed by Learned Special Chief Judicial Magistrate (Custom), Lucknow, in Warrant or Summon Criminal Case No. 38321/2025 / Crl. Misc. Case No. 1067/2025, 'Dr. Amir Afroz Khan Vs Dr. Aashif Ali @Asif Ali & others' by means of which the application of the Opposite Party No.2, moved under section 173(4) B.N.S.S. (Old U/S 156(3) Cr.P.C.), has been allowed in an illegal and arbitrary manner.

This Hon'ble High Court may further be pleased to stay the operation and implementation of the impugned order dated 01.04.2025, passed by Learned Special Chief Judicial Magistrate (Custom), Lucknow, in Warrant or Summon Criminal Case No.38321/2025 / Crl. Misc. Case No. 1067/2025, 'Dr. Amir Afroz Khan Vs Dr. Aashif Ali @ Asif Ali & others', during pendency of the present petition, in the interest of justice."

3. By the impugned order dated 1.4.2025, the application filed by opposite party no.2 under Section 173(4) BNSS has been treated as complaint and notice has been issued to the applicants, which is under challenge in this application.

4. Under Section 223 of BNSS, at the pre-cognizance stage, the accused is given opportunity to put forth his submissions. There is no illegality at this stage in the impugned order. Whatever defense the applicants have got, they may take the same before the court below and the court below will certainly look into the grievances of the applicants and will take a decision in accordance with law.

5. This application is disposed of with a direction that the applicants will file their reply within a period of fifteen days from today in pursuance of the impugned notice dated 1.4.2025 and the same shall be decided by the court below in accordance with law by a reasoned and speaking order within a period of six weeks thereafter, after affording opportunity of hearing the the parties.

(Brij Raj Singh,J.)

March 31, 2026

Sachin