Firasat Alias Firasat Ali and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Firasat Alias Firasat Ali and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused. Interim directions only: applicants permitted to appear before the trial court within three weeks and move a bail application, to be considered and disposed of, if there is no other legal impediment, in terms of the guidelines/observations in Satendra Kumar Antil Vs. CBI, (2021) 10 SCC 773; no coercive action against the applicants for three weeks; this protection is of no avail if no such application is moved within the prescribed time.

Issue for consideration

Whether the charge sheet dated 2.09.2022, the cognizance/summoning order dated 19.1.2023 and the entire proceedings of Case No. 6306 of 2023 (arising out of Case Crime No. 386 of 2022, Sections 323, 504, 324 IPC, Police Station Tanda, District Rampur) are liable to be quashed.

Court's answer

After hearing rival submissions extended by learned counsel for the parties and by bare perusal of the record, there is no illegality or impropriety in the impugned charge-sheet and cognizance/summoning order, and the learned trial court has rightly proceeded against the applicants.

Ratio / Principle

The prayer made through the instant application under Section 528 BNSS is refused and the application is dismissed.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Saurabh Srivastava, J.) | Application U/S 528 BNSS No. 21581 of 2025 | Decided December 16, 2025 | Quashing application by Firasat alias Firasat Ali and 2 others seeking quashing of charge sheet dated 2.09.2022 and cognizance/summoning order dated 19.1.2023, and entire proceedings of Case No. 6306 of 2023 (State vs. Firasat and others), arising out of Case Crime No. 386 of 2022 under Sections 323, 504, 324 IPC, Police Station Tanda, District Rampur | HELD: Application dismissed — on hearing rival submissions and bare perusal of record, no illegality or impropriety found in the impugned charge-sheet or cognizance/summoning order; learned CJM, Rampur rightly proceeded against the applicants; AGA produced a medical report showing injuries on the injured at the behest of the applicant | LIBERTY: applicants may appear before the trial court within three weeks and move bail application, to be disposed of per Satendra Kumar Antil Vs. CBI, (2021) 10 SCC 773; no coercive action for three weeks; protection void if bail application not moved in time.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 21581 of 2025

Firasat Alias Firasat Ali And 2 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Alok Kumar Srivastava
Counsel for Opposite Party(s)	:	G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

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

This application has been filed by the applicants to quash the charge sheet dated 2.09.2022 and cognizance/summoning order dated 19.1.2023 as well as entire proceedings of Case No.6306 of 2023 (State vs. Firasat and others) arising out of Case Crime No.386 of 2022 under Sections 323, 504, 324 IPC, Police Station Tanda, District Rampur pending in the court of learned Chief Judicial Magistrate, Rampur.

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

Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicants upon which learned court concerned has rightly taken cognizance and summoned the applicants. In compliance to earlier order learned AGA came up with specific medical report which shows certain injuries caused at the behest of the applicant over the injured.

After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicants.

In view of above, the prayer as made through instant application

NA528 No. 21581 of 2025

2

under Section 528 BNSS is refused and the same is hereby dismissed .

At the last learned counsel for the applicants prayed that they may be permitted to appear before learned trial court. It is provided that in case the applicants appear before the court concerned within three weeks from today and move application for bail, 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 in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

For a period of three weeks from today, no coercive action shall be taken against the applicants.

It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.

(Saurabh Srivastava,J.)

December 16, 2025

Rakesh

Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad