Muin Uddin Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Muin Uddin Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicant to surrender before the court concerned within three weeks and apply for bail, with a direction that the bail application be considered and decided expeditiously in accordance with Satender Kumar Antil v. CBI (2022 SCC OnLine SC 825); no coercive action against the applicant for a period of three weeks.

Issue for consideration

Whether the chargesheet dated 25.11.2018, the cognizance/summoning order dated 26.11.2024 and the entire proceedings of Session Case No.1242 of 2024 (arising out of Case Crime No.0206 of 2018 under Section 2/3 of the U.P. Gangster Act) ought to be quashed.

Court's answer

On perusal of the narration of FIR, the impugned order and the chargesheet, the Court found no ground warranting interference and held that the impugned order, the chargesheet and the entire criminal proceedings of the said case could not be set aside.

Ratio / Principle

The prayer sought through the application for quashing was refused.

Key takeaways

The application was disposed of with liberty to the applicant to surrender before the court concerned within three weeks and apply for bail, with a direction that the bail application be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. CBI.ratio¶15
Till three weeks from the date of the order, no coercive action shall be taken against the applicant in pursuance of the aforesaid case.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) declined to interfere with a chargesheet dated 25.11.2018, a cognizance/summoning order dated 26.11.2024 and the entire proceedings of Session Case No.1242 of 2024 (State v. Lakhan Singh and others), arising out of Case Crime No.0206 of 2018 under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Jahanabad, District Pilibhit, holding that no ground for setting aside the impugned order, chargesheet and criminal proceedings was made out. The application under Section 528 BNSS was disposed of: the quashing prayer was refused, but the applicant was granted liberty to surrender before the court concerned within three weeks and apply for bail, with a direction that the bail application be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation (2022 SCC OnLine SC 825). It was further directed that no coercive action be taken against the applicant for three weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 32211 of 2025

Muin Uddin

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Sanjay Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicant and learned AGA appearing for the State.

This present application has been filed for seeking quashing of chargesheet dated 25.11.2018 along with cognizance/summoning order dated 26.11.2024 and entire proceeding of Session Case No.1242 of 2024 (State Vs. Lakhan Singh and others), arising out of Case Crime No.0206 of 2018, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Jahanabad, District Pilibhit, pending in the court of learned Special Judge (Gangster Act)/Additional Session Judge-V, Pilibhit.

On perusal of the narration of FIR as well as impugned order and chargesheet along with chargesheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire criminal proceedings of the said case, can be set aside.

Accordingly, the prayer sought through the instant application, is refused.

Lastly, learned counsel for applicant submitted that liberty may be granted to applicant to surrender before the court concerned and apply for bail to which learned AGA has no objection.

In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender

NA528 No. 32211 of 2025

2

Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825).

However, it is made clear that till three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case.

September 24, 2025 Vivek Kr.

(Saurabh Srivastava,J.)

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad