Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 41038 (ALL)

ADESH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/12298/2025 · 2025-08-18

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:144386 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 12298 of 2025 Applicant :- Adesh Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Singh Yadav,Divyansh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred for quashing the entire proceedings of Criminal Case No.100 of 2025 (State vs. Adesh Shankhdhar and Another) arising out of Case Crime No.219 of 2024, under sections 384, 509, 504 I.P.C. and section 67 of I.T. Act, P.S. Milak, District- Rampur, including the charge-sheet no.336/2024 dated 11.12.2024 as well as cognizance/summoning order dated 12.02.2025 passed by learned IInd Additional Civil Judge (S.D.), Rampur. 3. At the very outset, in response to the instructions so directed on previous occasion, learned A.G.A. apprise the conduct of applicant in respect of attraction of section 67 of I.T. Act and by bare perusal of the part of case diary, several posts which has been uploaded by the applicants themselves over the facebook, which is quite convincing for taking cognizance of offence against the applicant by learned court concerned. 4. When confronted with above, learned counsel for applicants submitted that 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, but he could not dispute the above instructions as apprised by learned A.G.A. 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 applicants. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. Order Date :- 19.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad