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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37484 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for opposite party nos.1 and 2.
2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 01.11.2019 along with cognizance/summoning order dated 18.12.2019 passed by learned Chief Judicial Magistrate, Ghaziabad as well as the entire proceedings of Case No.49452 of 2019 (State vs. Mohit and Others) arising out of Case Crime No.2151 of 2019, under sections 3, 4, 5, 7, 8 of Immoral Traffic (Prevention) Act, 1956, P.S. Indrapuram, District- Ghaziabad.
3. At the very outset, learned counsel for the applicant has placed reliance upon judgement rendered by co-ordinate Bench of this Court vide order dated 12.03.2025 passed in Application u/s 528 BNSS No.8170 of 2025 and submitted that his case is similar and identical to the accused-applicant mentioned in above application and as such on the grounds of parity, the proceeding initiated against the applicant is also liable to be quashed, whereas considering the material available on record, applicant has already been bailed out.
4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the above-mentioned proceedings which has been quashed is with regard to the accused-applicant who is being customer, but in the instant matter, specific allegation with regard to applicant is being Manager of the said brothel and as such implication of Versus Counsel for Applicant(s) : Rohit Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Devender .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicant in pursuance to sections 3, 4, 5, 7, 8 of Immoral Traffic (Prevention) Act, 1956 is a matter to be tried before learned court concerned.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that there is hardly any grounds available for quashing the entire proceedings arising out of Case Crime No.2151 of 2019.
6. The instant application under section 528 BNSS stands dismissed accordingly. September 25, 2025 Saif NA528 No. 37484 of 2025 2
(Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad