HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10181 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State perused the record. 2. This application has been filed by the applicant to quash the entire proceeding as well as Charge Sheet dated 24.05.2021 alongwith summoning/cognizance order dated 12.07.2024 passed by Additional Chief Judicial Magistrate, Court No.2, Fatehpur, in Case No. 13475 of 2024, arising out of Case Crime No.86 of 2021, under Section 272 IPC and 60 Excise Act, Police Station Bindki, District Fatehpur during pendency of the present application. 3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicants including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicants upon which learned court concerned has rightly taken cognizance and summoned the applicants. 5. The prayer sought through the instant application, is refused. 6. Accordingly, the Application U/s 528 BNSS is dismissed. 7. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within four weeks from today and move application for bail, if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. Versus Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Vivek Kumar Alias Neelu And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 8. For a period of four weeks from today, no coercive action shall be taken against the applicants. 9. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants. October 6, 2025 Rakesh NA528 No. 10181 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad