Bilkis Bano and Another v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 31241 of 2026

Bilkis Bano And Another

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Mohd Shiraz, Syed Wajid Ali
Counsel for Opposite Party(s)	: G.A.

Court No. - 79

HON'BLE SAURABH SRIVASTAVA, J.

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

1. Present application has been preferred with the prayer to quash the chargesheet dated 19.11.2019 and cognizance/summoning order dated 22.04.2022 along with entire criminal proceedings of Case No.10773 of 2022 (State Vs. Bilkis Bano and others), arising out of Case Crime No.73 of 2019, under Sections 406 and 506 IPC, P.S.- Gorakhnath, District Gorakhpur, pending in the court of learned Additional Chief Judicial Magistrate-I, Gorakhpur.

1. Learned counsel for applicant submitted that present FIR has been filed against applicants and some unknown persons with allegation that he had taken a shop on monthly rent of Rs.500/- from Smt. Shamshun Nisha, who later on died and after her death he went to give the rent of the shop to care taken to applicant No.1. Learned counsel for applicant submitted that the present dispute persisting between the parties taken as tenant and landlord. It has been argued by learned counsel for applicants that same has been given criminal colour by way of implicating applicant in a stereotype story framed by the opposite party No.2, which was having allegation of theft of Rs. 4,000/- but same has not been transpired during the course of investigation conducted by concerned Investigating Officer and after detailed investigation applicants have been implicated only in sections 406 and 506 IPC, in charge-sheet dated 19.11.2019, where upon cognizance of offence taken by learned counsel for applicant in most mechanical manner without ascertaining any credible evidence collected