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2025 DAILYLAW 100717 (ALL)

RAVI BISHT v. STATE OF U.P. AND ANOTHER

NA528/37224/2025 · 2025-09-23

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37224 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party nos.1 and 2. 2. The instant application has been preferred with the prayer to quash the summoning/cognizance order dated 18.12.2019 passed by Chief Judicial Magistrate, Ghaziabad over the charge-sheet dated 01.11.2019 as well as entire proceedings of Case No. 49452 of 2019 titled State of U.P. v. Mohit and Others, arising out of Case Crime No. 2151 of 2019, under Sections 3, 4, 5, 7 & 8 of the Immoral Traffic (Prevention) Act, 1956, registered at Police Station Indrapuram, District Ghaziabad. 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused, Ritesh Pratap and Lalit Yadav, preferred Application u/s 528 BNSS no.32946 of 2025 (Ritesh Pratap and Another vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and thereafter consideration has been drawn by this Court vide judgment and order dated 01.09.2025 (Annexure no.7), whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant, who is also implicated in same Case Crime no.2151 of 2019 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings. 4. Although, learned AGA opposed the prayer sought through instant application but did not dispute the fact in respect of judgment and order dated 01.09.2025. Versus Counsel for Applicant(s) : Rohit Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Ravi Bisht .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of foregoing discussion, parity of judgment and order dated 01.09.2025 is applicable in favour of applicant and as such entire proceeding arising out of Case Crime No.2151 of 2019, which culminated into preferring the charge sheet on dated 01.11.2019, thereafter order passed by learned concerned court by way of passing summoning order on dated 18.12.2019, is hereby quashed and set aside in respect of applicant herein, in the light of judgment and order dated 01.09.2025 passed in case of Ritesh Pratap and Another (supra). 6. The instant application u/s 528 BNSS stands allowed accordingly. September 24, 2025 Saif NA528 No. 37224 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad