Neutral Citation No. - 2025:AHC:48000 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10587 of 2025 Applicant :- Abdur Rehman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anas Mahboob,Basharat Ali Khan 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 cognizance order dated 28.01.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 6, Ghaziabad in Criminal Case no. 451 of 2025 bearing CNR no. UPGZ040035602025 (State vs. Abdur Rehman) and further be pleased to quash the charge sheet no. 01 of 2024 dated 20.09.2024 emanates from Case Crime no. 0350 of 2024 under sections 420, 326 IPC & under Section 3 & 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religious Act, 2021, PS- Ghaziabad Kotwali, District Nagar Commissionerate Ghaziabad. 3. Learned counsel for applicant submitted that applicant has falsely been implicated in the present case by the informant on the basis of false and concocted story and therefore, the allegations made against applicant are not tenable. He further submitted that even if the entire evidence collected by the I.O is to be relied upon then also no prima facie case is made out against the applicant under Sections 420, 326 IPC and under Section 3 & 5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religious Act. Without collecting any material evidence, the concerned Investigating Officer submitted charge sheet mechanically whereupon, without applying its judicial mind, learned court concerned has taken cognizance by the order impugned and as such, the same may be quashed. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and submitted that after conducting the detailed inquiry, charge sheet has been submitted by the concerned Investigating Officer whereupon considering the material on record, learned trial court taken cognizance and as such, there is no illegality in the order impugned. 5. Be that as it may, since the applicant is having liberty to prefer discharge application before the learned court concerned taking all pleas and grounds, which are available to him, therefore, he should approach the learned court concerned by way of filing discharge application. 6. Accordingly, without entering into the merits of the issue, the present application is disposed of finally permitting the applicant to prefer discharge application before the learned court concerned taking all pleas and grounds, which are available to him, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application. If such application be filed by applicant before the learned court concerned at appropriate stage, the court concerned shall consider and decide the said application, strictly in accordance with law, by speaking and reasoned order and by affording proper opportunity of hearing to the concerning parties and pass appropriate order expeditiously. Order Date :- 3.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad