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2025 DAILYLAW 49956 (ALL)

ANANT EDMOND v. STATE OF U.P. AND ANOTHER

NA528/15199/2025 · 2025-05-08

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75976 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15199 of 2025 Applicant :- Anant Edmond Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mary Puncha (Sheeb Jose),Mohd. Kalim Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. Order on C.M. Amendment Application No. Nil of 2025 1. Through the amendment application, learned counsel for the applicant prays to amend the name of the applicant as 'Anand Edmond' in place of 'Anant Edmond'. 2. Prayer so made is allowed. 3. Let the necessary correction be carried out during course of the day. Order on Application U/s 528 BNSS 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 order dated 03.03.2025 passed by Special Judge, E.C. Act/Additional Session Judge, Court No. 4, Kanpur Nagar as well as the entire proceedings of S.T. No. 1207 of 2024 (State vs. Anand Edmond) arising out of Case Crime No. 152 of 2023, under section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, P.S. Swaroop Nagar, District- Kanpur Nagar as well as to stay the further proceedings of abovementioned case. 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 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. 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 order dated 03.03.2025 passed by Special Judge, E.C. Act/Additional Session Judge, Court No. 4, Kanpur Nagar 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 :- 9.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad