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2025 DAILYLAW 174783 (ALL)

KAUSHALDEEP YADAV v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

NA528/1747/2025 · 2025-11-17

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1747 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate and perused the record. 2. By means of this application preferred under Section 482 Cr.P.C., the applicant has prayed for quashing the charge sheet dated 27.07.2025 as well as summoning order dated 15.09.2025 passed by the Additional Civil Judge (JD), Room No.15, Pratapgarh as well as the entire proceedings arising out of Case Crime No.165 of 2025, under Sections 69 BNS Police Station Patti, District Pratapgarh in Case No. 13490 of 2025. 3. Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the F.I.R. The allegation in the F.I.R as well as the evidence collected by the police, do not indicate that any offence was committed by the applicant, rather it is a case of consent. It has further been submitted that the the applicant did not promise for marriage rather it is the victim, who cheated the applicant for which he has moved an application under Section 156(3) Cr.P.C, which has been treated as a complaint. 4. Learned A.G.A has opposed the application and he has submitted that the offence under Section 69 of BNSS is made out and once the offence is made out, this Court cannot do mini trial. The falsity of the FIR as well as the charge sheet cannot be looked into by this Court for which trial is Versus Counsel for Applicant(s) : Bhanupriya Singh Counsel for Opposite Party(s) : G.A. Kaushaldeep Yadav .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s) required. 5. After hearing the parties, I am of the opinion that the charge sheet has already been filed under Section 69 BNSS against the applicant and he is facing the trail, this Court cannot do mini trial and weigh the evidence and, therefore, the application is hereby dismissed. 6. Accordingly, the instant application stands dismissed. November 17, 2025 Preeti NA528 No. 1747 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench