HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2065 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicants as also the learned A.G.A. and perused the record. The applicants have filed this application with the prayer to quash the entire proceeding of Case No. 2761/2025, CNR No. UPBPO40053152025 (State Vs. Jameel Ahmad & others) under section 103(1), 238, 3(5), 61(2) of of BNS and Section 302, 201,34,120B IPC and Section 4/25 of Arms Act against the applicant No.1 and under section 103(1), 238, 3(5), 61(2) of BNS against the petitioner No.2 in Case Crime/FIR No. 0023/2025, Police Station Kotwali Nagar, District Balrampur including impugned summoning order dated 01.10.2025 passed by learned Chief Judicial Magistrate, Balrampur in the said case. It has been submitted by learned counsel for the applicants that many witnesses have given affidavit before the investigating officer during investigation that the applicants have not committed the offence, but the chargesheet has been filed without considering the aforesaid fact. Learned A.G.A. has submitted that it is a case of murder and the investigating officer has taken various statements and considered various documents and thereafter chargesheet has been filed. This court cannot do trial. The applicants have to face trial and there is no ground to quash the chargesheet. Versus Counsel for Applicant(s) : Alok Kr. Misra, Surjeet Kumar Mishra Counsel for Opposite Party(s) : G.A. Jameel Ahmad And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 2 Others .....Opposite Party(s) Considering the overall facts and circumstances of the case, there is allegation of murder and this court cannot appreciate the fact that many witnesses have given affidavit that the applicant has not committed the offence. The application is devoid of merits and the same is accordingly dismissed. December 10, 2025 A.Nigam NA528 No. 2065 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench