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2025 DAILYLAW 192706 (ALL)

RIYASAT AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/26703/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26703 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 17.10.2023, cognizance/summoning order dated 08.07.2024 as well as the entire proceedings of Case No.20752 of 2024 (State vs. Riyasat and Others) arising out of Case Crime No.428 of 2023, under sections 323, 504, 506, 452, 354B I.P.C., P.S. Roravar, District- Aligarh, pending in the court of learned Chief Judicial Magistrate, Aligarh. 3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicants including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and as such prima-facie offence has been made out against the applicants. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that no good and legal ground has been raised by learned counsel for applicants for quashing the entire proceedings arising out of Case Crime No.428 of 2023. Versus Counsel for Applicant(s) : Sonu Kumar Tiwari Counsel for Opposite Party(s) : G.A. Riyasat And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. 7. However, the applicants will be at liberty to avail all the other legal remedies available at law. October 14, 2025 Saif NA528 No. 26703 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad