Neutral Citation No. - 2025:AHC:90032 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14999 of 2025 Applicant :- Gautam Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaushlendra Singh,Sarvesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including summoning order dated 19.01.2007, of Complaint Case (S.S.T.) No.48 of 2006 (Sunil Kumar Gupta Vs. Gautam Kumar), under Section 392 I.P.C., Police Station- Kotwali Fatehgarh, District- Farrukhabad, pending before the Court of Additional District Judge, Court No.5, Farrukhabad. 3. It has been submitted by learned counsel for the applicant that impugned order is against facts and law and thus liable to be set aside. At the relevant time applicant was working in Police and that the allegations of robbery levelled against applicant are wholly false. It was stated that earlier application filed by applicant under Section 482 Cr.P.C. was not decided on merits. Referring to facts of the matter, it was submitted that impugned proceedings are liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that applicant was summoned by impugned summoning order dated 19.01.2007. The applicant has already challenged said summoning order before this Court vide application under Section 482 Cr.P.C. No.8231 of 2024, which was decided by this Court vide order dated 22.07.2024. In that order this Court has observed that application lacks merit and thus the same was rejected. It is apparent that this Court has impliedly declined to quash the impugned summoning order. Hence, this application under Section 528 BNSS against same summoning order dated 19.01.2007 is not maintainable. Further, it appears from record that charges have already been framed against applicant but that order has not been challenged. 7. In view of aforesaid facts and circumstances, no case for invoking extraordinary powers under Section 528 BNSS is made out. The application under Section 528 BNSS lacks merits and thus, liable to be dismissed. 8. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 27.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad