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2025 DAILYLAW 192652 (ALL)

VIMLENDU JHA v. STATE OF U.P. AND ANOTHER

NA528/23752/2025 · 2025-10-08

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23752 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State perused the record. 2. This application has been filed by the applicant to quash the cognizance/summoning order dated 23.04.2025 passed by Chief Judicial Magistrate, Gautam Budh Nagar and the charge sheet dated 14.10.2024 as well as the entire proceedings of Case No.49574 of 2025 (State vs. Vimlendue Jha) arising out of Case crime no. 301 of 2024 under Section 304 IPC, Police Station Noida Sector 39, District Gautam Budh Nagar. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant. 5. After hearing rival submissions extended by learned Versus Counsel for Applicant(s) : Praveen Kumar Singh, Syed Imran Ibrahim Counsel for Opposite Party(s) : G.A. Vimlendu Jha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) counsel for the parties and by bare perusal of record, there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application under Section 482 Cr.P.C lacks merit and is hereby dismissed. October 9, 2025 Rakesh NA528 No. 23752 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad