HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 4333 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application under Section 528 BNSS, 2023 has been filed for quashing the entire proceeding of case no. 90956 of 2024, charge sheet dated 10.08.2024, arising out of Case Crime No. 370 of 2024, under Sections 123, 305 and 317(2) B.N.S., Police Station- Barra, District- Dakshini (Commissionerate), Kanpur Nagar and cognizance/summoning order dated 21.09.2024 passed by learned Chief Judicial Magistrate, Kanpur Nagar. 3. Learned counsel for the applicant submits that in the present case, FIR was lodged under Sections 123, 305 B.N.S., 2023. He next submits that informant was not known to the applicant earlier. No identification proceeding was conducted in accordance with law. The investigation was tendered and charge-sheet was filed against the applicant in illegal manner. The alleged incident said to have taken place on 12.07.2024 at about 22:00 hours, but the FIR was lodged on 13.07.2024 at about 20:57 hours which was delayed by approx 24 hours which creates reasonable doubt on prosecution version. The concerned police has falsely shown recovery of the mobile phone of the informant from possession of the applicant at the time of arrest. The applicant was arrested on 27.05.2024 and subsequently, he was granted bail by order of this Court dated 23.10.2024, copy of the bail order has been annexed at Annexure-5 of the application. He further submits that name of the applicant was disclosed in the second statement of the informant dated 22.07.2024, whereas in first statement of the informant recorded on 14.07.2024, name of the applicant was not disclosed and except Versus Counsel for Applicant(s) : Surendra Singh Counsel for Opposite Party(s) : G.A. Dilip Singh Chauhan Alias Bachude .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the confessional statement of the applicant, there is no credible evidence against the applicant. As per the records, applicant has been implicated in two cases and the same are duly explained in para-16 of the affidavit. 4. Per contra, learned AGA opposed the prayer made in the present application and submitted that there is no occasion to the informant to falsely implicate the applicant in the present case as at the time of arrest and recovery of stolen property, the informant was present and he had identified the accused on spot. He further submitted that the offence is of serious nature and is it is alleged that the accused-applicant visited the informant's house in the night and intoxicated him by pouring some spurious substance in his meal and at the time of incident, the informant was alone in the house and when the informant lost his consciousness, he robbed his valuables including money, cash, ornaments etc. The informant identified the mobile phone recovered from possession of the applicant of his own which got dropped while being intoxicated by an unknown person who was later on identified as the applicant, Dilip Singh Chauhan Alias Bachude. He further submits that the applicant in his confessional statemented has stated that some of the ornaments stolen by him from the house of the informant were sold to one Sunny, but the same could not be recovered by the police as when the police approached as the said ornament were converted by melting process. 5. Considering the totality of the facts and circumstances of the case, mode and manner of commission of offence, the recovery of some of the stolen property from possession of the applicant at the time of his arrest in presence of the informant who identified him as a person who had intoxicated and robbed him in his house, it cannot be said that no cognizable offence is made against the applicant or his prosecution is an abuse of process of law. 6. No good ground is made out in the present application in the light of facts and circumstances of the case for interference in the prosecution of applicant in exercise of powers under Section 528 B.N.S.S., the petition is liable to be dismissed and is accordingly dismissed. September 25, 2025 Anjali NA528 No. 4333 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad