Saleem Ahmad & Anr. v. State of U.P & Anr.

Hon'ble Saurabh Srivastava,J.

#1. Heard learned counsel for the applicants and learned A.G.A. for the State.

#2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 04.09.2022 as well as summoning/cognizance order dated 08.09.2022 including the entire proceedings of Criminal Case No. 45497 of 2022 (State vs. Shahjnawaz and others) arising out of Case Crime No.85 of 2022, under sections 147, 148, 149, 332, 307, 353, 188, 504 I.P.C., Section 83 of Juvenile Justice (Care and Protection of Children) Act and Section 7 of Criminal Law Act, Police Station- Mughalpura, District-Moradabad, pending in the Court of learned Judge Small Causes, Moradabad as well as to stay the further proceedings of abovementioned case.

#3. Learned counsel for the applicants confines his prayer only to the extend to permit the applicants, who already surrendered before learned trial court amongst out of 35 accused, who have been implicated in pursuance to the chargesheet, whereupon cognizance of offence has been taken jointly against all the 35 accused, but except three of them, which includes the applicants also, appeared in pursuance to the summoning order issued by learned concerned court way back in the year 2022 itself, but due to non-appearance of other rest of the co-accused, the trial is still pending to be proceeded which indirectly harassment to the applicants in shape of attending each and every date whatsoever is being fixed by the learned trial court on monthly basis and as such to separate the trial, applicants may be permitted to prefer an application under Section 455 BNSS/317(2) Cr.P.C.

#4. Per contra, learned AGA for the State although opposed the prayer as made in the application, but did not dispute the prayer confined by learned counsel for the applicants only to the extent of seeking direction for preferring application under Section 455 BNSS/317(2) Cr.P.C. before learned concerned court.

#5. After hearing rival submissions extended by learned counsel for the parties, if applicants prefer an application under Section 455 BNSS/317(2) Cr.P.C. before learned Court of Chief Judicial Magistrate, Moradabad/concerned court within a period of three weeks, the same shall be entertained and considered in respect of the fact of non-appearance of large number of accused, who have already been summoned way back in the year 2022, but not appearing till today before the learned concerned court.

#6. The application stands disposed of accordingly. Order Date :- 11.8.2025 #Vik/- VIKRAM GUPTA High Court of Judicature at Allahabad