Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23260 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 charge sheet No.03/2024 dated 10.09.2024 and cognizance order dated 03.03.2025 as well as entire proceedings of Case No.18395 of 2025 (State vs. Karan Bharadwaj) arising out of Case Crime No.508 of 2023 under Sections 406, 384, 411 IPC, Police Station Kaushambi, District Ghaziabad pending in the court of learned Chief Judicial Magistrate, Ghaziabad. 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 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. 7. At the last learned counsel for the applicant prayed that he may be permitted to appear before learned trial court.
It is provided that in case the applicant appears before the court concerned within four weeks from today and moves application for bail, if there is no other legal impediment before learned court concerned, the same shall be Versus Counsel for Applicant(s) : Rahul Shukla Counsel for Opposite Party(s) : G.A. Karan Bharadwaj .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 8. For a period of four weeks from today, no coercive action shall be taken against the applicant. 9. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant. October 7, 2025 Rakesh NA528 No. 23260 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad