NA528/18798/2026 of MOHAMMAD SADDAM Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18798 of 2026 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Ramesh Chandra Tiwari, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. / under Section 528 B.N.S.S. has been filed by the applicant-Mohammad Saddam, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 31.08.2019 & N.B.W. order dated 07.04.2026 and order dated 21.04.2026 in S.S.T. No. 383 of 2019 (State of U.P. Vs. Veerchandra Yadav and others) arising out of Case Crime No. 214 of 2019, under Sections 363, 366, 109 I.P.C. and 3(2)(V) SC/ST Act, Police Station Sarai Mamrej, District Prayagraj, pending in the Court of Additional Sessions Judge, Court No.15, Prayagraj, with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.  4. Learned counsel for the applicant submits that although the prayer in the present application is of a challenge to the order dated 07.04.2026 issuing N.B.W. against the applicant, order dated 21.04.2026 by which an application for recall of the N.B.W. has been dismissed and further to quash the entire proceedings initiated against the applicant including charge-sheet in the matter but he does not want to press the prayer for quashing of the entire criminal proceedings including charge-sheet and only presses the prayer with regard to quashing of the N.B.W. issued vide order dated 07.04.2026.  He states that the purpose of the applicant would be served if he is permitted to appear before the trial court within a period of two weeks from today and file a regular bail application. Versus Counsel for Applicant(s) : Ramesh Chandra Tiwari Counsel for Opposite Party(s) : G.A. Mohammad Saddam .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant. 6. In view of the above, the prayer for quashing of proceedings/summoning order is dismissed as not pressed. 7. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant it is directed that if the accused-applicant appears and applies for bail before the court concerned by 20th May 2026 or earlier, the same shall be considered and decided in accordance with law. 8. Further if the applicant fails to appear by 20th May 2026 or before before the court concerned to file a bail application, the trial court shall proceed against him in accordance with law. 9. The present application is disposed of. May 6, 2026 AS Rathore NA528 No. 18798 of 2026 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad