Neutral Citation No. - 2025:AHC:46636 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9822 of 2025 Applicant :- Vishal Kumar Gupta Alias Golu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nabi Ullah Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned AGA for the State-respondent. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 28.07.2023 alongwith cognizance order dated 20.11.2023 as well as entire proceedings of Case Crime No. 0096 of 2023 (State vs. Vishal Kumar Gupta), under Section 3/25 Arms Act, P.S. Lohata, District-Varanasi, pending in the court of learned Additional Chief Judicial Magistrate/Judicial Magistrate, District Varanasi as well as to stay the further proceedings of abovementioned case. 3. Brief facts of the case is that an FIR was lodged by opposite party no. 2 on 29.04.2023 alleging therein that on 28.04.2023, on information of the 'mukhbir khas', the police has arrested two persons namely, Manish Pal S/o Subhash Pal and Vishal Kumar Gupta @ Golu S/o Jokhuram Gupta. One piece country made illegal revolver 0.315 bore and a life cartridge 0.32 bore as well as Rs. 600/- cash has been recovered from the possession of Manish Pal and one piece country made illegal revolver 0.315 bore and a life cartridge 0.315 bore as well as Rs. 300/- cash has been recovered from the possession of Vishal Kumar Gupta @ Golu. Thereafter, the investigating officer has recorded the statement of the informant as well as the witnesses and submitted a charge sheet only against the applicant on 28.07.2023 in which the learned concerned court has taken cognizance on the charge sheet on 20.11.2023. 4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. No recovery was made from the possession of the applicant but the police arrested the applicant and shown the false recovery of illegal revolver and cartridge from his possession. All the witnesses of the chargesheet are the police personnel and there is no independent witnesses of the same. It is further contended that story developed by the informant appears to be false and malicious, therefore the impugned charge-sheet dated 28.07.2023 submitted by concerned investigating officer and the cognizance order dated 20.11.2023 passed by learned concerned court are totally illegal, arbitrary and against the material available on record and as such the above proceedings initiated against the applicant may be quashed. 5. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and submitted that after conducting detailed inquiry, chargesheet has been submitted by the concerned investigating officer whereupon considering the material on record, learned concerned court taken cognizance and as such, there is no illegality in the order impugned. 6. After having the rival submissions of learned counsel for parties and perusal of the material available on record, it appears that the concerned court after perusal of the charge sheet and other materials which had been submitted along with the same and on the basis thereof had held that there was sufficient material to take cognizance and as such I find no infirmity, specifically with regard to the prayer as made in the application. 7. In view thereof, the application lacks merit and is hereby dismissed. 8. However, it is made clear that the applicant will be at liberty to avail all the remedies available at law. Order Date :- 3.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad