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2025 DAILYLAW 58128 (ALL)

SAHABUDDIN v. STATE OF U.P. AND ANOTHER

NA528/17503/2025 · 2025-05-16

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82746 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17503 of 2025 Applicant :- Sahabuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 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 the entire proceedings of Criminal Case No.2319 of 2023 (State vs. Sahabuddin) arising out of Case Crime No.81 of 2023, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act and sections 3/25 Arms Act, P.S. Didarganj, District- Azamgarh, pending in the court of learned Judicial Magistrate, Court No.17, Azamgarh including charge-sheet dated 18.06.2023 as well as cognizance/summoning order dated 05.09.2023. 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 including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court, whereas the applicant has already been bailed out in the instant matter. 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 charge-sheet and cognizance/summoning order 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 :- 17.5.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad