Mohd. Masood vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Mohd. Masood vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the court concerned to decide the applicant's application dated 4.7.2025 (identity issue) within one month of production of a certified copy of the order; interim protection from harassment for the applicant until identity is established or the application is decided, conditional upon his co-operation with, and appearance before, the court concerned.

Issue for consideration

Whether coercive measures arising out of Complaint Case No.686 of 2000 (State v. Munna, S. 7/16 PFA Act, 1954), in which proceedings under Section 82 Cr.P.C. were drawn against 'Munne', may proceed against the applicant, the dispute being whether the applicant Mohd. Masood is in fact Munne, as contended by the A.G.A., or a different person, as contended by the applicant; and whether interim protection should be granted while that identity dispute remains pending.

Court's answer

Since the dispute as to the identity of the applicant is pending, the court concerned is directed to decide the application dated 4.7.2025 after examining the issue within a period of one month from the date of production of a certified copy of this order.

Ratio / Principle

Interim protection: till the identity of the accused is established in respect of the applicant or the application dated 4.7.2025 is decided, the applicant shall not be harassed, subject to the condition that the applicant co-operates with the court concerned and appears before it.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.) disposed of an application under Section 528 BNSS by Mohd. Masood seeking that no coercive measures be taken against him arising out of Complaint Case No.686 of 2000, State Vs. Munna, under Section 7/16 of the Prevention of Food Adulteration (PFA) Act, 1954, Police Station Dhoomanganj, District Allahabad, pending before the Additional Chief Judicial Magistrate, Court No.2, Allahabad. Proceedings under Section 82 Cr.P.C. stood drawn against one 'Munne'; the applicant asserted he was not that accused, while learned A.G.A. objected that the applicant is Munne and is concealing his identity. As the identity dispute remained pending (an application dated 4.7.2025 on the point lay unanswered before the trial court), the Court directed the court concerned to decide that application after examining the issue within one month of production of a certified copy of the order, and ordered that till the identity of the accused is established or the application is decided, the applicant shall not be harassed, provided he co-operates with and appears before the court concerned.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40476 of 2025

Mohd. Masood

.....Applicant(s)

Versus

State of U.P.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Aadesh Kumar Srivastava
Counsel for Opposite Party(s)	: G.A.
Court No.- 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for the applicant and learned AGA for the Staterespondent.

This application has been filed by applicant for a direction to the court concerned not to take any coercive measures arising out of Complaint Case No.686 of 2000, State Vs. Munna, under Section 7/16 of Prevention of Food Adulteration (PFA) Act, 1954, Police Station Dhoomanganj, District Allahabad which is pending in the court of Additional Chief Judicial Magistrate, Court No.2, Allahabad.

It is submitted by learned counsel for the applicant that proceedings under Section 82 Cr.P.C. has been drawn against one Munne. However, the applicant is not the accused against which the aforesaid proceeding has been drawn. In this respect, an application on 4.7.2025 has been preferred before the court concerned however, till date no order has been passed.

Learned A.G.A. has objected to the aforesaid and submits that the applicant is Munne and the applicant is concealing its identity.

Be that as it may, since the dispute with regard to identity of the applicant is pending, let the court concerned decide the application dated 4.7.2025 after examining the issue within a period of one month from the date of production of a certified copy of this order.

Till the identity of the accused is established in respect of the applicant or the application is decided, the applicant shall not be harassed provided the applicant shall co-operate with the court concerned and appear before the court concerned.

NA528 No. 40476 of 2025

2

The present application stands disposed of.

November 18, 2025 Bhaskar

(Vikram D. Chauhan,J.)

Digitally signed by :- BHASKAR High Court of Judicature at Allahabad