Neutral Citation No. - 2025:AHC:80870 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12727 of 2025 Applicant :- Anar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Rajput 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 23.05.2023 along with cognizance/summoning order dated 30.01.2024 and the entire proceedings of Case No.4674 of 2024 (State vs. Anar Singh) arising out of Case Crime No.226 of 2023, under section 188 I.P.C. and section 30 of Arms Act, P.S. Atrauli, District- Aligarh, pending in the court of learned Judicial Magistrate, Atrauli, Aligarh. 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 averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant. It is further submitted by learned A.G.A. that except the present one the applicant has three cases of criminal history to his credit from which it is clear that he is a habitual offender and as such he is not liable to get any benefit from this Court. 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. Order Date :- 15.5.2025 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