BILKIS BANO AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 31241 of 2026

Bilkis Bano And Another
                                                           .....Applicant(s)
                                    Versus

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.

2. 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.

3. 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
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during the course of investigation for attraction of sections under Sections
406 and 506 IPC, in pursuance to the same applicants have been
summoned.

4. Learned counsel for applicants further submitted that once the part of
narration available in the FIR has not been approved in absence of any
credible offences collected during the course of investigation, charge
sheet cannot be preferred only with intention to implicate the applicant on
peace-meal information submitted at the behest of opposite party No.2.
The arguments so raised by learned counsel for applicants also contains
the background of animosity persisting between the parties for enhancing
rent which was not admissible to opposite party No.2, as proposed by
applicants.

5. On previous occasion notices have been issued to opposite party No.2,
but in spite of service of notice as reported by the office report dated
14.09.2026, when the matter has been taken up, none had appeared on
behalf of opposite party No.2, either in person or through any counsel.

6. Per contra, learned AGA, although supported the order dated
22.04.2022 passed by learned Additional Chief Judicial Magistrate-I
Gorakhpur and submitted that applicant is also having a criminal history,
which has been implicated in another Case Crime No.379 of 2021, under
Sections 325, 504, 506 IPC, P.S. Chiluwatal, District Gorakhpur. So far as
regarding applicant No.1 is concerned being Complaint Case No.2888 of
2009, (Khursheed Vs. Shamsun Nisha) under Section 325, 427, 504, 506
IPC, P.S. Gorakhpur and in another proceeding Applicant No.2 was
implicated in Case No.510 of 2012, under Section 447, 120B IPC, which
has been challenged in Criminal Misc. Application No.14353 of 2015 and
the entire proceeding of Case Crime No.510 of 2012 has already been
stayed by a co-ordinate Bench of this Court vide order dated 21.05.2015
and all these three cases have already been disclosed with proper
explanation available in paragraph Nos. 21, 22,23 and 24 of the affidavit
filed in support of the application. Apart from above mentioned criminal
proceeding one more case has been indicated by learned A.G.A.-I being
Case Crime No.346 of 2011, under Sections 186, 434 IPC, pending
against applicant No.2 and the same has not been explained while
preferring instant application.
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                                    7. Considering the pendency of the criminal proceeding against the
                                    applicants, it is crystal clear that applicant are pursuing the matter
                                    pending before the same judgeship and they are not named in the case,
                                    and are innocent to put their appearance before learned court concerned.
                                    Protection of law is always available at the very instance in favour of
                                    those who are law-abiding and no proceedings have ever been initiated
                                    specifically criminal proceedings against them. In other words they may
                                    be termed as first accused in the criminal history pertains to the very
                                    individual, but unfortunately applicants do not fall under the same
                                    category and as such both the applicants are directed to put their
                                    appearance before learned court concerned.

                                    8. 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.

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

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

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

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

                                    September 16, 2026
                                    Ashish/-

                                                                                       (Saurabh Srivastava,J.)




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