Neutral Citation No. - 2025:AHC:87383 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 2139 of 2025 Applicant :- Hari Mohan @ Harshvardhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and Sri Anand Sagar Dubey, learned A.G.A.-I for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 26.10.2024 as well as summoning/cognizance order dated 30.10.2024 including the entire proceedings arising out of Case Crime No. 157 of 2024, under sections 318(4), 336, 336(3), 340(2) BNS, Section 6/10 U.P. Public Examination Act, Police Station-Lohamandi, District-Agra, pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 5, Agra as well as to stay the further proceedings of abovementioned case. 3. The instant matter was initially taken up before lunch session and the same was posted after lunch session only on the request made by Sri Anand Sagar Dubey, learned AGA-I by way of informing that particularly this case has been allocated to any other State Law Officer. When the matter has been taken up immediately after lunch i.e. at 2:45 PM, again the same prayer has been made at the behest of the State. 4. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 5. Per contra, learned A.G.A.-I 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 averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant. 6. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 7. In view thereof, the instant application stands disposed of. 8. However, the applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 22.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad