Neutral Citation No. - 2025:AHC:55141 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12331 of 2025 Applicant :- Tejveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sanjay Kumar Dubey, learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the impugned charge-sheet no.02 of 2023 dated 03.01.2023 along with cognizance/summoning order dated 18.03.2023 as well as the entire proceedings of Case No.383 of 2023 (State vs. Tejveer) under sections 3/25 Arms Act arising out of Case Crime No.393 of 2022, P.S. Hathras Gate, District- Hathras, pending in the court of learned Chief Judicial Magistrate, Hathras. 3. Learned counsel for the applicant submitted that in a fake case, applicant has been implicated at the behest of one Anil Kumar against whom complaint has been filed at the behest of sister of applicant, wherein later on both the parties entered into a compromise and the matter has been finally withdrawn by the complainant, i.e., sister of the applicant. Having personal grudge and enmity with the applicant, Anil Kumar planted a motor-cycle in the garage of applicant with some country-made pistol and on the information by him, through mobile number of his wife, recovery of motor-cycle along with country-made pistol has been made from the garage of applicant, which culminated into preferring charge-sheet no.02 of 2023, through which applicant has been implicated in pursuance to sections 3/25 Arms Act, whereupon learned court of Chief Judicial Magistrate, Hathras took cognizance of offence against applicant on dated 18.03.2023. 4. On the basis of information received by the higher authorities of police department, further investigation has been carried out, which revealed the real facts involved in the case, which has been registered at Case Crime No.393 of 2022 and fresh report has been submitted on dated 05.08.2024 with charge-sheet no.02 of 2023A, through which one Anil Kumar has been implicated as an accused, whereupon cognizance of offence taken up by learned court of Chief Judicial Magistrate Ist, Hathras on dated 23.08.2024. 5. 5. Learned counsel for the applicant further submitted learned court of Chief Judicial Magistrate Ist, Hathras since not obtain to drop the proceeding against the applicant in pursuance to cognizance order dated 18.03.2023, whereas in pursuance to fresh cognizance order dated 23.08.2024, it is crystal clear that it is Anil Kumar against whom the further report has been submitted in pursuance to section 173(8) Cr.P.C. and as such the proceeding pending at the behest of cognizance order dated 18.03.2023 against the applicant is not sustainable in the eye of law. It is also submitted by learned counsel for the applicant that for same cause of action and offence, two proceedings cannot be proceeded in Case Crime No.393 of 2022, once the real fact has been put forward through report under section 173(8) Cr.P.C. on dated 05.08.2024. 6. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant, but at the same time there is hardly any dispute with regard to latest report submitted under section 173(8) Cr.P.C. by the concerned Investigating Officer through which the factual implication has been presented before learned court of Chief Judicial Magistrate Ist, Hathras by way of implicating one Anil Kumar whereupon cognizance of offence has been taken up on dated 23.08.2024. 7. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of records, it is crystal clear that proceedings initiated against the applicant in pursuance to Case Crime No.393 of 2022 will be gross misuse of process of law since the real offender as per the prosecution has been put forward before learned court of Chief Judicial Magistrate Ist, Hathras, through report dated 05.08.2024 and he has already been summoned vide order dated 23.08.2024. 8. In view of the facts and circumstances of the case, the entire proceedings pending against the applicant in pursuance to Case Crime No.393 of 2022 is hereby quashed and set-aside. 9. The instant application stands allowed accordingly. Order Date :- 15.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad