PRADEEP KUMAR ALIAS KALIYA v. STATE OF U.P. AND ANOTHER
NA528/12359/2025 · 2025-04-14
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40703 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40703 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55103 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12359 of 2025 Applicant :- Pradeep Kumar Alias Kaliya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A. 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 dated 21.02.2024, cognizance/summoning order dated 12.08.2024 passed by learned Judicial Magistrate-7th, Agra as well as the entire proceedings of Case No.15696 of 2024 (State vs. Manoj Parashar and Others) arising out of Case Crime No.0231 of 2023, under sections 3/4 of Public Gambling Act, 1867, P.S. Kheragarh, District- Agra, pending in the court of learned Judicial Magistrate-7th, Agra.
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 submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.
6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed.
7. However, it is made clear that petitioner is hereby at liberty to avail all the remedies available at law. Order Date :- 15.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad