HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 43869 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet no.27/2022 dated 29.01.2022 as well as the entire proceedings of Case No.10525 of 2022 (State vs. Vikas) arising out of Case Crime No.17 of 2022, under section 60(1) of U.P. Excise Act and section 109 IPC, P.S. Sarai Khwaja, District- Jaunpur, pending in the court of learned Chief Judicial Magistrate, Jaunpur. 3. 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. 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 arguments whatsoever has been raised by learned counsel for applicant is amenable before learned trial court, which is specifically on the basis of statements so recorded by prosecution witnesses and the material evidences, which has been collected during the course of investigation and as such prima-facie offence has been made out against the applicant. 5. After hearing rival submissions extended by learned counsel for the Versus Counsel for Applicant(s) : Dheeraj Bahadur Singh, Kunvar Rahul Singh Counsel for Opposite Party(s) : G.A. Jugal Singh @ Praveen Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) parties and by bare perusal of record, this Court finds that the instant application is lacking merit in respect for quashing the entire proceedings arising out of Case Crime No.17 of 2022 and as such 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. 6. The instant application under section 528 BNSS stands dismissed accordingly. September 23, 2025 Saif A482 No. 43869 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad