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2025 DAILYLAW 31869 (ALL)

GUNJAN TRIPATHI @ SHUBHENDRU TRIPATHI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/9737/2025 · 2025-09-14

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9737 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 528 BNSS application has been filed to quash the entire proceedings of Case No.2146 of 2023, (State versus Gunjan Tripathi and others), arising out of Case Crime No.148 of 2020, under Sections 147, 323, 504, 506, 336 and 308 IPC, Police Station Geeda, District Gorakhpur against the applicants. 3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. After submission of charge sheet, court took cognizance and issued process against the applicants, thereafter applicants moved an application under Section 173(8) Cr.P.C. before the SSP concerned and during investigation the concerned Inspector found no evidence against the applicants and name of all the accused applicants have wrongly been mentioned in the charge sheet. Counsel for the applicants next submits that proceeding against the applicants are illegal and abuse of process of law. 4. Per contra, learned AGA has vehemently opposed the arguments raised by learned counsel for the applicants and submits that Investigating Officer had submitted charge sheet against the applicants and after submission of charge sheet, court took cognizance and issued process against the applicants. After submission of charge sheet, police authority had no power to investigate further. The report dated 16.10.2024, on which the applicant has placed reliance, having no legal evidence value moreover the charge has been framed against the applicant, trial is going on. Versus Counsel for Applicant(s) : Bishram Tiwari Counsel for Opposite Party(s) : G.A. Gunjan Tripathi @ Shubhendru Tripathi And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From the record, it is apparent that after submission of charge sheet against the applicants, court took cognizance and issued summons against the applicants and the report dated 16.10.2024 submitted after taking cognizance and issuance of summon having no legal evidentiary force, after submission of charge sheet and issuance of process, the court is only authority to pass order for further investigation. Trial court has framed the charge. No interference is warranted, at this stage. 6. The present 528 BNSS application is, accordingly, dismissed. September 15, 2025 I.A.Siddiqui NA528 No. 9737 of 2025 2 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad