Neutral Citation No. - 2025:AHC-LKO:39302 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 682 of 2025 Applicant :- Vipin Tiwari Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Ajai Kumar Shukla,Ambika Gupta,Nisha Devi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajai Kumar Shukla, the learned counsel for the applicants and Sri Satyendra Srivastava, the learned A.G.A appearing on behalf of the State. 2. By means of the instant application filed under Section 528 BNSS, the applicant has sought quashing of the chargesheet dated 16.05.2024 arising out of Case Crime No. 317 of 2024 dated 06.08.2024, under Sections 324(4), 351(3), 103(1), 109(1), 61(2) of BNS, Police Station Lalganj, District Pratagparh. 3. The applicant has not challenged the order passed by the trial court taking cognizance of the offence or summoning the applicant and there is no averment that the the trial court has summoned the applicant to face the trial. 4. The applicant is seeking quashing of the chargesheet on the ground that the applicant was not present at the date and time of the occurrence and at that time he was present in this Court. 5. While deciding the application under Section 528 BNSS, this Court cannot examine the defense of the applicant so as to record a finding on the plea of alibi taken by the applicant. 6. In view of the aforesaid discussion , I find no force in the application, accordingly, the application is hereby dismissed. . (Subhash Vidyarthi,J.) Order Date :- 10.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench