Neutral Citation No. - 2025:AHC:67747 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13396 of 2025 Applicant :- Kunwarchandra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gauri Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants 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 17.05.2022, cognizance/summoning order dated 29.08.2022 as well as the entire proceedings of Criminal Case No.1695 of 2022 (State vs. Yashpal Singh and Others) arising out of Case Crime No.83 of 2022, under sections 3/4 of Public Gambling Act, 1867, P.S. Gauda, District- Aligarh, pending in the court of learned Judicial Magistrate Iglas, Aligarh. 3. Learned counsel for the applicants 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 applicants and as such the proceedings initiated against the applicants 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 all the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and as such prayer as made in the instant application cannot be exceeded and proceeding initiated against the applicants by learned court concerned is sustainable in the eye of law. 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. 7. However, the applicants will be at liberty to avail all the other legal remedies available at law. Order Date :- 29.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad