Neutral Citation No. - 2025:AHC:146150 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 4709 of 2025 Applicant :- Maseet And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the summoning order dated 02.12.2024 as well as the entire proceedings of Criminal Case No. 678 of 2024 (State vs. Bhoora and others), arising out of Case Crime No. 231 of 2024, under sections 352, 109 BNS and Sections 4/25 of Arms Act, P.S. Ganj, District- Rampur, pending in the Court of learned Judicial Magistrate, Rampur. 3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants are illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicants including the 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 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears that the grounds taken up through the instant application for quashing the entire proceeding is prima facie amenable before learned trial court and cannot be adjudicated at this stage in proceeding u/s 528 BNSS. Accordingly, prayer sought through instant application is hereby refused. However, applicants are directed to appear before learned court concerned within a period of three weeks. 6. Till three weeks from today, no coercive action shall be initiated against the applicants in pursuance of Criminal Case No. 678 of 2024 (State vs. Bhoora and others), arising out of Case Crime No. 231 of 2024, under sections 352, 109 BNS and Sections 4/25 of Arms Act, P.S. Ganj, District- Rampur, pending in the Court of learned Judicial Magistrate, Rampur. 6. The application u/s 528 BNSS stands disposed of accordingly. Order Date :- 23.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad