HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 4767 of 2025 Court No. - 76 HON'BLE SANJAY KUMAR PACHORI, J. 1. Heard Sri Anjani Kumar Rai, learned counsel for the applicant and Sri Kamleshwar Singh, learned AGA for the State. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceeding of Criminal Case No.3127 of 2024 (State of U.P. Vs. Asif and Others), arising out of Case Crime No.31 of 2014, under Sections 3/5/8 of Cow Slaughter Act, 1955 & Section 3/28 Transit Act, Police Station- Saraimeer, District-Azamgarh as well as cognizance/summoning order dated 06.12.2024, pending in the court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh. 3. Learned counsel for the applicant submits that the first information report dated 23.02.2014 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant, however, the present applicant-Jeeshan @ Jishan son of Asfak has not been named in the FIR. It is further submitted that a supplementary charge sheet has been submitted against the applicant on 24.04.2020 and the cognizance order has been passed on 06.12.2024. It is further submitted that there is no pre-summoning evidence with regard to offence, as alleged, against the applicant. Prima facie, matter requires consideration. 4. Learned A.G.A. has accepted notice on behalf of Opposite Party No.1. 5. Issue notice to opposite party no.2 returnable at an early date. Versus Counsel for Applicant(s) : Anjani Kumar Rai, Mashhood Abbas Counsel for Opposite Party(s) : G.A. Jeeshan @ Jishan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may be filed within one week thereafter. 7. List after eight weeks. 8. Until further orders of this Court, further proceedings of the aforesaid case shall remain stayed against the applicant. March 23, 2026 K.N. NA528 No. 4767 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad