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2025 DAILYLAW 25911 (ALL)

IMRAN KHAN v. STATE OF U.P. AND ANOTHER

NA528/13382/2025 · 2025-04-28

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67797 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13382 of 2025 Applicant :- Imran Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Asar Mukhtar,Ikram Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant 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 20.08.2013, cognizance/summoning order dated 01.03.2014 and the entire proceedings of Case No.1595 of 2014 (State vs. Imran and Others) arising out of Case Crime No.433 of 2013, under sections 9/51 of The Wild Life (Protection) Act, 1972, P.S. Ushat, District- Budaun, pending in the court of learned Chief Judicial Magistrate, Budaun. 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 A.G.A. for the State vehemently opposed the prayer as made in the application 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 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 528 BNSS lacks merit and is hereby dismissed. 7. However, the applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 29.4.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad