Allahabad High Court
NA528/1899/2025 of RAFIK Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER on 11 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1899 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 528 BNSS No. - 1899 of 2025
Court No. - 13
HON'BLE SAURABH LAVANIA, J.
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1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.
2. The present application has been filed by the applicant for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to Hon'ble Court may kindly be pleased to quash the police report (charge-sheet) dated 07.08.2025 filed against petitioner, in Case Crime No. 229/2025, Under Section 420, 406 I.P.C., Police Station Hargaon, District Sitapur and the Cognizance and summoning order dated 20.09.2025, passed by learned Chief Judicial Magistrate, Sitapur and further proceedings of the case 1497/2025, In'Re' "State Versus Rafeek" in the ends of justice."
3. Considering the facts of the case as also the punishment provided for the offence under Sections 420, 406 IPC as also the observations made by the Hon'ble Apex Court in the judgment passed in the case(s) of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690, without observing anything on merits, the present application is disposed of with liberty to the applicant to prefer an application in terms of judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil (Supra), which shall be decided most expeditiously, and also thereafter to prefer an application seeking discharge based upon the judgment passed in the case of Delhi Race Club (Supra) and other law, which shall be considered and decided by the concerned court by passing a reasoned and speaking order within a period of four months from the date of production of certified copy of this order, if possible and if there is no other legal impediment in this regard.
4. With the aforesaid observations, the present application is disposed of. December 11, 2025 Jyoti/- Versus Counsel for Applicant(s) : Priyam Kumar Singh Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Rafik .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench