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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18022 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mr. Rajiv Kumar Saxena, Advocate holding brief of Mr. Virendra Kumar Yadav, learned counsel for the applicant, Mr. S.S. Chauhan, learned counsel for the opposite party no.2 and Mr. B.P. Maurya, learned A.G.A. for the State. 2. The present application has been filed with prayer to quash the entire proceedings of Case No.- 35358 of 2023 (State Vs. Harish Chandra) arising out of Case Crime No.- 477 of 2019 under Sections 419, 420, 467, 468, 471 I.P.C., P.S.- Civil Lines, District- Prayagraj, pending in the Court of learned Chief Judicial Magistrate, Prayagraj. 3. It is contended by the learned counsel for the applicant that no offence under Section 419, 420, 467, 468, 471 I.P.C. is made out against the applicant and present prosecution is an abuse of process of Court. It is further submitted that the original consent letter is with the applicant and he has filed photo copies before the authorities concerned. 4. On the other hand, learned counsel for the opposite party no.2 submits that during investigation, the report of the Forensic Science Laboratory has been received by the Investigating Officer, in which the said consent letter, which is alleged to be signed by opposite party no.2, has been prepared by process of scanning. He further submits that the defect in investigation cannot be looked into while entertaining the application under Section 528 BNSS. 5. Learned A.G.A. has supported the argument of learned counsel for the Versus Counsel for Applicant(s) : Virendra Kumar Yadav Counsel for Opposite Party(s) : G.A., G.S. Chauhan Harish Chandra .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
opposite party no.2. 6. Learned counsel for the applicant has raised point of defect in investigation, which cannot be looked into at this stage. The applicant has failed to show that an abuse of process of Court has been occasioned by the order impugned. 7. In view of above, the present application lack merit and is fit to be dismissed. 8. The application is dismissed. 9. The applicant shall be at liberty to raise his grievance at the proper stage before learned trial court.
September 11, 2025 Virendra NA528 No. 18022 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad