HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5863 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Supplementary affidavit preferred on behalf of applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 05.12.2024, cognizance order dated 21.12.2024 along with subsequential orders as well as the entire proceedings of Case No.20214 of 2024 (State vs. Akash and Another) arising out of Case Crime No.291 of 2024, under sections 317(2), 317(5), 345(3), 338, 336(3), 340(2) BNS and sections 3/25 Arms Act, P.S. Hapur Dehat, District- Hapur, pending in the court of learned Additional Chief Judicial Magistrate, Hapur. 4. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the arrest of applicant is prior to the recovery, which is non-signed by the applicant, in spite of that on the basis of same, he has been implicated in the instant matter, rest has been corroborated through the photographs appended through supplementary affidavit and as such the implication of applicant on the basis of recovery itself denies the story framed by the prosecution. 5. 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 applicant by way of submitting that the arguments whatsoever has been raised by learned counsel for applicant is amenable before learned trial court and as such prima-facie offence has been made out against the applicant. Versus Counsel for Applicant(s) : Km Preete, Manju Yadav Counsel for Opposite Party(s) : G.A. Gaurav Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds no ground for quashing the entire proceedings arising out of Case Crime No.291 of 2024 and as such the instant application under section 528 BNSS lacks merit. 7. The instant application stands dismissed accordingly. September 1, 2025 Saif NA528 No. 5863 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad