HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8957 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, Sri Jai Bahadur Singh, learned counsel for the informant and learned A.G.A. for the State. 2. The present 528 B.N.S.S. application has been filed to quash the charge-sheet No.302 of 2023 dated 14.12.2023 as well as entire proceedings of Case No.44 of 2024 arising out of Case Crime No.252 of 2023 (State vs. Shri Sharmanand Tyagi), under section 420 I.P.C., Police Station Kutubshaer, District Saharanpur, pending in the court of Chief Judicial Magistrate, Saharanpur. 3. It is alleged in the FIR that the applicant is construction company and without conducting work in area submitted bill of Rs.7,31,052/-. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. From statement of the witnesses, no offence under alleged section is made out. All allegation alleged in the FIR is false and baseless. Instant FIR lodged with malice intention only to harass the applicant. 4. Per contra, learned AGA and learned counsel for the informant vehemently opposed the submission of applicant's counsel and submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage. On perusal of evidence collected by the Investigating Officer, prima-facie offence is made out under section 420 I.P.C. 5. The prayer for quashing the entire proceedings and charge sheet of the Versus Counsel for Applicant(s) : Arbind Kumar Yadav, Jitendra Rana Counsel for Opposite Party(s) : G.A., Jai Bahadur Singh Shri Sharmanand Tyagi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) aforesaid case against the applicant is, hereby, refused. 6. However, if applicant moves discharge application before the concerned court below within three weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of four weeks thereafter. 7. Till then, no coercive action shall be taken against the applicant in the aforesaid case. 8. With the above directions, this 482 application is disposed of. September 17, 2025 SKD NA528 No. 8957 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad