Allahabad High Court
NA528/15688/2026 of SALMAN AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER on 19 April 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15688 of 2026 Court No. - 82 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application has been filed for quashing of the proceedings of Complaint
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15688 of 2026
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. This application has been filed for quashing of the proceedings of Complaint Case No. 3308 of 2025 under Sections 333, 115(2), 352, 351(2) and 74 of B.N.S., Police Station Naugawan Sadat, District J.P.Nagar (Amroha) pending before learned Additional Chief Judicial Magistrate-I, J.P.Nagar (Amroha) as well as to quash the summoning order dated 27.02.2026 passed in the aforesaid case.
3. On perusal of the record, the Court finds that the allegations made in the complaint disclose commission of a cognizable offence and those allegations have found support in the statements recorded under Sections 200 and 202 Cr.P.C. on the basis whereof the summoning order has been passed against the applicants.
4. This Court in exercise of its power under section 528 of B.N.S.S., is not required to assess the correctness of the allegation and the reliability of the evidence, the prayer to quash the summoning order and the consequential proceeding is rejected.
5. At this stage, the learned counsel for the applicants submits that the applicants have so far not been arrested in the above case and the police is seeking to arrest the applicants and there may be coercive processes issued against the applicants by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicants.
6. As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the Versus Counsel for Applicant(s) : Sandeep Kumar Srivastava Counsel for Opposite Party(s) : G.A. Salman And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.
7. With the aforesaid observations, the application is disposed off.
April 20, 2026 S.Ali NA528 No. 15688 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad