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Neutral Citation No. - 2025:AHC:53370 Court No. - 74 Case :- APPLICATION U/S 482 No. - 43070 of 2024 Applicant :- Preeti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A. 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 482 Cr.P.C. has been preferred to quash the charge-sheet dated 15.03.2023, cognizance/summoning order dated 26.06.2023 as well as the entire proceedings of Criminal Case No.27958 of 2023 (State vs. Preeti) arising out of Case Crime No.05 of 2020, under sections 406, 420, 467, 468, 471, 120B, 34 I.P.C. and sections 66/66D of I.T. Act, P.S. Cyber Crime, District- Gautam Budh Nagar, pending in the court of learned Chief Judicial Magistrat, Gautam Budh Nagar.
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 submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant.
5. 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.
6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 10.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad