Neutral Citation No. - 2025:AHC:56682 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12682 of 2025 Applicant :- Kavindra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Yadav,Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned AGA for the State-respondent. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 09.12.2024 as well as summoning/cognizance order dated 21.12.2024 including the entire proceedings of Criminal Case No. 2034 of 2024 (State vs. Ravindra @ Lala and others) arising out of Case Crime No. 345 of 2024, under sections 109(1), 352, 351(3), 3(5) BNS and Sections 3/25/27 of Arms Act, Police Station-Web City, District-Ghaziabad, pending in the Court of learned Judicial Magistrate/Additional Civil Judge (J.D.), Court No. 4, Ghaziabad as well as to stay the further proceedings of abovementioned case. 3. Brief facts of the case is that an FIR was lodged by the first informant on 23.10.2024 alleging therein that on 23.10.2024, the first informant Kapil along with his cousin brother Sunil was sitting on a cot outside the house, then the applicant along with the co-accused came there by car and started hurl filthy abuses while Sunil forbid him not to do so but the co-accused Ravindra opened fire which hit Sunil on his chest causing injury to him. Thereafter, the investigating officer has recorded the statement of the informant under Section 180 BNS and after detailed investigation, submitted a charge sheet dated 09.12.2024 against the applicant in which the learned concerned court has taken cognizance on the charge sheet and summoned the applicant on 21.12.2024 which impugned the present petition. 4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the instant case along with his brother. It is further stated that on the date and time of alleged occurrence the applicant was not present on the spot vis-a-vis he was present at Baba gym. It is further contended that story developed by the informant appears to be false and malicious, therefore the impugned charge-sheet dated 09.12.2024 submitted by concerned investigating officer and the cognizance/summoning order dated 21.12.2024 passed by learned concerned court are totally illegal, arbitrary and against the material available on record and as such the above proceedings initiated against the applicant may be quashed. 5. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and submitted that after conducting detailed inquiry, chargesheet has been submitted by the concerned investigating officer whereupon considering the material on record, learned concerned court taken cognizance and as such, there is no illegality in the order impugned. 6. After having the rival submissions of learned counsel for parties and perusal of the material available on record, it appears that the concerned court after perusal of the charge sheet and other materials which had been submitted along with the same and on the basis thereof had held that there was sufficient material to take cognizance and as such I find no infirmity, specifically with regard to the prayer as made in the application. 7. In view thereof, the application lacks merit and is hereby dismissed. 8. However, the applicant shall be at liberty to invoke all the other remedies available at law. Order Date :- 17.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad