Neutral Citation No. - 2025:AHC:49153 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10854 of 2025 Applicant :- Ashutosh Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh,Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the prayer to quash the charge framing order dated 10.02.2025 passed by learned Chief Judicial Magistrate, Etah in Case no. 2249 of 2004 (State vs. Brijesh Kumar and others) under Section 409 IPC and 7/25 Arms Act, arising out of Case Crime no. 54 of 2004, PS- Kotwali Nagar, District Etah as well as proceeding of Case no. 2249 of 2004 (State vs. Brijesh Kumar and others) pending in court of learned Chief Judicial Magistrate, Etah. 3. Learned counsel for applicant submitted that FIR has been lodged by opposite party no. 2/S.H.O, Police Station Kotwali, District Etah over the allegation that in a police raid at government quarter of one co-accused Brijesh Kumar (uncle of applicant), applicant and his aunt were found sitting on a bed, under which certain live cartridges, empty magazines, part of rifle, etc. were recovered. After conclusion of investigation, charge sheet has been submitted against the applicant and other two co-accused under sections 409 IPC, 7/25 Arms Act on dated 18.06.2004. 4. It is next submitted that applicant had come to Etah just only to submit his application for constable post in PAC Office, Etah and he stayed at the residence of his uncle Brijesh Kumar. Applicant is a student. Offence under Section 409 IPC is not made out against the applicant since applicant is not a public servant or banker, merchant or agent/custodian of State. Learned court concerned without considering the provisions of Section 409 IPC, illegally framed charge under Section 409 IPC against the applicant hence the impugned charge framing order dated 10.02.2025 is liable to be set aside. 5. It is also submitted that after knowledge of charge sheet, applicant, filed discharge application on dated 19.07.2021 before learned Chief Judicial Magistrate, Etah which was rejected vide order dated 23.03.2023. Being aggrieved with order dated 23.03.2023, applicant filed Criminal Revision before learned court concerned which was also rejected vide order dated 09.08.2024. Against the order dated 09.08.2024 and 23.03.2023, applicant approached this Court by way of filing petition under Article 227 no. 15984 of 2024 (Ashutosh Dixit vs. State of U.P. and another) wherein this Court granted time for exchange of pleadings vide order dated 11.02.2025 and the said petition is still pending. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but could not dispute the fact that offence under Section 409 of IPC is not made out against the applicant. 7. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that offence in respect to Section 409 of IPC is not made out against the applicant and as such impugned charge framing order dated 10.02.2025 is hereby modified to the extent that charge framed under Section 409 IPC only against applicant namely Ashutosh Dixit is quashed. Rest of the order dated 10.02.2025 shall remain intact. Learned court of Chief Judicial Magistrate, Etah/concerned court is directed to proceed with trial against applicant in rest of section in which charges have been framed vide order dated 10.02.2025. 8. The instant application stands partly allowed. Order Date :- 5.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad