Neutral Citation No. - 2025:AHC:43861 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9340 of 2025 Applicant :- Gyanendra Dutt Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Markandey Rai,Pradeep Kumar Rai,Sandeep Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri H.R.Mishra, learned senior counsel assisted by Sri Pradeep Kumar Rai, learned counsel for applicant and learned AGA for the State. 2. The instant application has been preferred with the prayer to quash the cognizance/summoning order dated 10.05.2024, charge sheet dated 04.01.2024 as well as entire proceeding of Criminal Case no. 47791 of 2024 (State vs. Gyanendra Dutt Sharma and others), arising out of Case Crime no. 31 of 2023, under Section 420 IPC, Section 66-D of IT Act, Police Station- Fazalganj, District Central (Commissionerate Kanpur Nagar) pending in the court of learned Chief Judicial Magistrate, Kanpur Nagar. 3. Learned senior counsel for applicant submitted that applicant was former member and office bearer of Uttar Pradesh Cricket Association (UPCA). Present FIR has been lodged by opposite party no. 2 on dated 04.04.2023 for alleged incident occurred between 28.03.2023 to 02.04.2023 against unknown person under Section 420 of IPC. As per prosecution story, informant-opposite party no. 2 after getting information from JONEZZ.KR@gmail.com and news paper that on fake letter pad of UPCA and by fake sign of informant, two letters, on dated 28.03.2023 to Sri Yudhvir Singh, Director of UPCA and on dated 02.04.2023 to Sri Jai Shah, Secretary of BCCI has been issued and because of fake letters reputation of UPCA was tarnished. Statements of informant and other witnesses has been recorded under Section 161 Cr.P.C. Thereafter, the investigation has been transferred to Crime Branch, Kanpur Nagar. During investigation, first time name of applicant, Uttam kesharwani and Meera Rajpur came into light on dated 17.06.2023 and the concerned Investigating Officer sent them notice under Section 161 Cr.P.C. and directed them to place their defence. 4. It is next submitted that during investigation, the concerned Investigating Officer, recorded the statement of applicant under Section 161 of Cr.P.C. on dated 22.07.2023 wherein he stated that he was member of UPCA from 2005 to 2013 and from time to time he is raising voice against the corruption in UPCA. He further stated that alleged disputed letter has been prepared and signed by the present official of UPCA themselves and sent to many people and thereafter on dated 31.03.2023, he received this letter from Uttam Kesharwani via Whatsapp and the alleged disputed letters has been sent by him to many office bearer of UPCA in good faith to pierce the veil of present office bearers of UPCA and he was having no intention of tarnish anyone. 5. Learned counsel further submitted that after conclusion of investigation, charge sheet dated 04.01.2024 has been preferred before learned court concerned and learned Chief Metropolitan Magistrate, Kanpur Nagar took cognizance on dated 10.05.2024 and issued summon to the applicant without applying his judicial mind. 6. Learned counsel for applicant challenged the impugned proceeding along with summoning order on several other grounds inter alia on the ground that forensic science laboratory report shows that the signature on the alleged disputed document is of informant and now he is changing his stand by saying that his signature has been scanned to create a fake document in his name. 7. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and supported the summoning order dated 10.05.2024. 8. In view of proposed order, provision to issue notice to opposite party no. 2 is hereby dispensed with. 9. Be that as it may, without entering into the merits of the issue, the present application is being disposed of with the direction that the applicant may file a discharge application before the learned court concerned through his counsel taking all pleas and grounds, which are available in the instant petition. Order Date :- 24.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad