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2025 DAILYLAW 53283 (ALL)

NEELESH PAL ALIAS KALLO AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/15667/2025 · 2025-08-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145274 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 15667 of 2025 Applicant :- Neelesh Pal Alias Kallo And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Shri Rajesh Dwivedi, appeared on behalf of the applicants and the learned AGA for the State. 2. Learned counsel for the applicants submitted that the instant application has been preferred for quashing the entire criminal proceedings as well as Charge sheet dated 27.04.2024 (State vs. Nilesh Pal @ Kallo and others) as well as cognizance dated 21.03.2025 under Sections 419, 420, 389 IPC and Section 67 I.T. Act in Case no.1578 of 2025 arising out of Case crime no.0512 of 2023, Police Station Karvi Kotwali Nagar, District Chitrakoot pending in the court of Chief Judicial Magistrate, Chitrakoot. 3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants 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 AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicants upon which learned court concerned has rightly taken cognizance and summoned the applicants. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears to be 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 :- 22.8.2025 Rakesh NA528 No. 15667 of 2025 2 Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad