HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50625 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Krishna Mani, learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 B.N.S.S. has been filed for quashing the charge sheet No.20 of 2020 dated 2.3.2020 and cognizance order dated 19.3.2020 passed by Civil Judge J.D./J.M., Sonbhadra as well as entire criminal proceeding of Case No.2543 of 2020 (State Vs. Baliram) arising out of Case Crime No.132 of 2019 under Sections 457, 380, 411 I.P.C., Police Station Ghorwal, District Sonbhadra, pending in the Court of C.J.M., Sonbhadra. 3. Learned counsel for the applicant submits that the opposite party no. 2 lodged a First Information Report, registered as Case Crime No.132 of 2019, under Sections 457, 380, and 411 IPC, on 04.10.2019 against an unknown person, alleging that silver and gold ornaments were stolen from his house and that the accused also took away the CCTV and DVR. It is further submitted that during the course of investigation, the applicant was arrested on 08.01.2020. The applicant has been falsely implicated in the present case, and there is neither any eye-witness nor any independent witness to support the alleged recovery shown in the recovery memo. Learned counsel further contends that the Investigating Officer failed to conduct a fair and proper investigation and wrongly submitted the police report. Thereafter, the learned Magistrate took cognizance of the offence vide order dated 19.03.2020 without due application of judicial mind. It is thus submitted that no offence is made out against the applicant, and the impugned order has been passed in a mechanical manner. Accordingly, Versus Counsel for Applicant(s) : Krishna Mani Counsel for Opposite Party(s) : G.A. Baliram .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the impugned order is liable to be set aside by this Hon’ble Court. 4. Per contra, learned AGA has vehemently opposed the submissions advanced on behalf of the applicant and contended that the learned Magistrate has passed the impugned cognizance order strictly in accordance with law. It is submitted that, at the stage of taking cognizance, the Court is only required to examine whether a prima facie case is made out or not. He further submits that the charge sheet has been filed after due investigation and the material collected therein clearly discloses the commission of cognizable offences against the applicants. There is no illegality, irregularity, or perversity in the impugned order passed by the learned Magistrate. Accordingly, the present application is liable to be dismissed. 5. From the record, it transpires that opposite party no. 2 lodged a First Information Report, registered as Case Crime No. 132 of 2019, under Sections 457, 380, and 411 IPC against an unknown person, alleging theft of gold and silver ornaments along with the CCTV and DVR from his house. During the course of investigation, the applicant was arrested on 08.01.2020, and certain articles were recovered from his possession. After due investigation, the Investigating Officer submitted a charge-sheet against the applicant. Thereafter, the learned Magistrate took cognizance vide order dated 19.3.2020. 6. Upon consideration of the material available on record, this Court finds that the learned Magistrate has proceeded in accordance with law. This Court does not find any illegality or perversity in passing the impugned order. Therefore, the prayer for setting aside the same is hereby refused. 7. Accordingly, the application is dismissed. April 20, 2026 Md Faisal NA528 No. 50625 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad