MOHD ASLAM KHANversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 23015 of 2026

Mohd Aslam Khan
                                                              .....Applicant(s)
                                   Versus
State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                    :   Syed Ali Imam
Counsel for Opposite Party(s)               :   Akanksha Gaur, G.A.

Court No. - 79
                 HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicant as well as learned counsel for
opposite party No.2 and learned A.G.A. for State.

2.The present application has been filed for seeking quashing of charge-
sheet dated 31.10.2025, cognizance/summoning order dated 09.01.2026
arising out of Case Crime No.239 of 2025, Crl. Case No.202 of 2026, under
sections 354A, 354C, 509 IPC, P.S. Dhaulana, District Hapur, pending in the
court of learned Chief Judicial Magistrate, Hapur.

3. Specific question put forward before learned counsel appearing on behalf
of opposite party No.2 that what cause of action arises in favour of opposite
party No.2 for lodging FIR which has been registered as Case Crime No.239
of 2025.

4. Mrs. Akanksha Gaur, learned counsel for opposite party No.2 sought
attention of this Court upon page number 21 of supplementary affidavit
which is the operative paragraph of the inquiry report submitted by
Committee before concerned District Magistrate, wherein in concluding
paragraph of inquiry report liberty extended in favour of opposite party No.2
for lodging FIR against the applicant.

5. After careful consideration of the narration of the FIR it is crystal clear
that entire atrocity whatsoever has been carried out by applicant against
opposite party No.2 has been mentioned in detailed, wherein departmental
inquiry has already been taken up and the applicant has been found guilty of
the same, but unfortunately no action has been initiated against applicant or
                                                                                              NA528 No. 23015 of 2026
                                                                      2


                                    certain action which has been initiated against the applicant are very lessor
                                    in terms of the offence or illegalities carried out by the applicant.

                                    6. Learned counsel for the applicant submitted that the incident was nothing
                                    but an attempt by the subordinate teacher to settle scores with the
                                    Headmaster, i.e., the applicant., but at the same time investigation which has
                                    been carried out by concerned Investigating Officer culminated into
                                    preferring chargesheet alongwith documents appended at the time of lodging
                                    FIR culminated into chargesheet and whereupon cognizance of offence has
                                    been taken up under the trite law which is enunciated in catena of judgment
                                    by the Apex Court that at the stage of taking cognizance, the only aspect
                                    which has to be considered by learned court concerned to see whether the
                                    offence is prima facie made out or not and the same has been dealt with in a
                                    proper manner in the instant matter and as such no interference is required.

                                    7. On perusal of the narration of FIR as well as impugned order and charge-
                                    sheet, this Court does not find it to be a case where interference of this Court
                                    is required. No such ground appears to be available in the present
                                    application, on the basis of which, impugned order along with charge-sheet
                                    and entire criminal proceedings of the said case, can be set aside.

                                    8. Accordingly, the prayer sought through the instant application, is refused.

                                    9. Lastly, learned counsel for applicant submitted that liberty may be granted
                                    to applicant to appear before the court concerned and apply for bail to which
                                    learned AGA has no objection.

                                    10. In view of the aforesaid, the instant application is finally disposed of
                                    with a direction to the court concerned that in case, the applicant surrender
                                    before the court concerned within a period of three weeks from today and
                                    apply for bail, his bail application shall be considered and decided
                                    expeditiously in accordance with law.

                                    11. However, it is made clear that till three weeks from today, no coercive
                                    action shall be taken against applicant herein in pursuance of the aforesaid
                                    case.

                                    September 8, 2026
                                    Ashish/-
                                                                                           (Saurabh Srivastava,J.)




Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad