Neutral Citation No. - 2025:AHC:66357 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13328 of 2025 Applicant :- Amit Kumar Singh @ Babloo Singh And 2 Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri R.P.Srivastava, learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceeding and impugned charge sheet dated 26.07.2023 and cognizance as well as summoning order dated 17.10.2023 in Case no. 7029 of 2023 (State vs. Amit Kumar and others) arising out of Case Crime no. 155 of 2023, under Section 25(9) Arms Act, PS- Lalganj, District Basti pending before learned Chief Judicial Magistrate, Basti and all consequential proceedings thereon. 3. Brief facts as narrated by learned counsel for applicant is that FIR has been lodged against the applicants in pursuance to alleged video which went viral over a news channel wherein the applicants were seen committing pleasure firing in a marriage ceremony. After conclusion of investigation, concerned Investigating Officer submitted charge sheet against the applicants in the present matter on dated 26.07.2023 whereupon learned court of Chief Judicial Magistrate, Basti took cognizance and summoned the applicants vide impugned order dated 17.10.2023. 4. While challenging the entire proceedings of Case no. 7029 of 2023 arising out of Case Crime no. 155 of 2023, it is submitted by learned counsel for applicants that fire arm of the applicants has not been taken by the police authorities nor they surrendered it before the police and without verifying the correctness and genuineness of pleasure firing as alleged to be made from the said arm, without custody of fire arm, without taking any expert opinion and without any analysis report , Investigating Officer submitted charge sheet. In support of his argument, learned counsel for applicants relied upon judgment rendered by Hon'ble Apex Court in case of Amarjit Singh alias Babbu vs. State of Punjab in Case no. 470 of 1993 decided on 25.08.1993. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 6. While substantiating his arguments, learned counsel for the applicants relied upon judgment rendered by Hon'ble Apex Court in case of Amarjit Singh alias Babbu (supra) but by bare perusal of the judgment relied by learned counsel for the applicants, it is crystal clear that the adjudication has been made in respect of seizing the weapon which was never sealed from the spot and it has been determined over the conviction made through judgment passed in Session Trial but in the instant matter, it is admitted fact that the trial is under progress and nothing has been determined finally by learned trial court and as such all the arguments raised by learned counsel for the applicants shall be subject matter of outcome of trial only. 7. The assertions of false implication raised by the applicants are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS. 8. The instant application stands dismissed accordingly. However, if the applicants intended to seek bail they may appear before learned court concerned within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicants. 9. So far as regarding non-surrendering of the alleged fire arm pertains to the applicants is concerned, Superintendent of Police, Basti is hereby directed to ensure that once the applicants have been implicated in pleasure firing in pursuance to Case Crime no. 155 of 2023 in pursuance to Section 25(9) of Arms Act and if the fire arm is still not surrendered, the same must be ensured that all the fire arms for which, if the licence has been issued in favour of the applicants, the same may be surrendered by them before Police Station Lalganj, District Basti within 15 days from today. 10. Registrar (Compliance) is directed to ensure service of this order upon Superintendent of Police, Basti within 24 hours. Order Date :- 29.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad