Neutral Citation No. - 2025:AHC:35274 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7995 of 2025 Applicant :- Anup Kumar Srivastav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shambhavi Nandan Counsel for Opposite Party :- G.A.,Sanjay Dwivedi Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, and Shri Sanjay Dwivedi, learned counsel for the Union of India. 2. The present application has been filed seeking the quashing of the order dated 16.09.2021, passed by the Additional Chief Judicial Magistrate, Railway, Farrukhabad, in Criminal Case No. 1647 of 2021, arising out of Case Crime No. 02 of 2020, registered under Section 3/4 of the Railway Property (Unlawful Possession) Act at Police Station R.P.F., District Farrukhabad. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case by the Railway authorities for reasons best known to them. It is submitted that the applicant is a Railway contractor, and his alleged involvement in the theft of Railway goods stored in the Railway godown is erroneous. The counsel further submits that there was an existing dispute between the applicant and the Railway authorities regarding certain matters involving their officers, and due to this dispute, the applicant has been falsely implicated in the case. 4. Per contra, Shri Sanjay Dwivedi, learned counsel for the Union of India, submits that the applicant, being a Railway contractor, conspired with certain Railway officers and his employees to steal signal cables. It is further submitted that the stolen goods have been seized and that the theft has resulted in huge loss to the Railway. 5. Upon considering the submissions advanced by learned counsel for the applicant and learned A.G.A., as well as upon perusal of the material available on record, a prima facie case is made out against the applicant. The fact that a substantial recovery of signal cables was made from the employees of the applicant indicates the applicant's involvement in the alleged offense. Therefore, no case is made out for quashing the impugned order. 6. So far as the submissions raised by the learned counsel for the applicant are concerned, it can be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction u/s 528 BNSS. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 528 BNSS. 7. The application u/s 482 Cr.P.C. is devoid of merit and it is accordingly dismissed. Order Date :- 11.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad