Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12652 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.
2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet no.186 of 2023 dated 25.11.2023 along with cognizance/summoning order dated 03.06.2024 well as the entire proceedings of Case No.10049 of 2024 (State vs. Upendra Kumar Nishad and Others) arising out of Case Crime No.166 of 2023, under sections 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 and sections 419, 420, 467, 468, 511 IPC, P.S. Chandpur, District- Fatehpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No.2, Fatehpur.
3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court.
4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the arguments whatsoever has been raised by learned counsel for applicant is amenable before learned trial court, which is specifically on the basis of statements so recorded by prosecution witnesses and the material evidences, which has been collected during the Versus Counsel for Applicant(s) : Amit Kumar Srivastava, G.A., Kumar Vikrant Counsel for Opposite Party(s) :
Abhinay Dass .....Applicant(s) State Of U.P.And Another .....Opposite Party(s)
course of investigation and as such prima-facie offence has been made out against the applicant.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that there are no convincing grounds for interference in the proceedings of trial, which has been initiated in pursuance to summoning order dated 03.06.2024 and as such the instant application lacks merit.
6. The instant application under section 528 BNSS stands dismissed accordingly. September 26, 2025 Saif NA528 No. 12652 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad