Neutral Citation No. - 2025:AHC:89567 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18750 of 2025 Applicant :- Kumar Saurabh And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arshi Rani Qadeer,Iqbal Ahmed,Kanhaiya Lal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 06.10.2016, cognizance order dated 06.10.2016/summoning order dated 18.10.2025 passed by learned Chief Judicial Magistrate, Hamirpur as well as the entire proceedings of Case Crime No. 3133 of 2016 (State vs. Kumar Saurabh and others), under section 26, 63 of Indian Forest Act, 1927 amended 2000, Forest Range Office Hamirpur (Van Prabhag) Hamirpur, U.P., pending in the court of learned Chief Judicial Magistrate, Hamirpur as well as to stay the further proceedings of abovementioned case. 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 vehemently opposed the prayer sought through the instant application. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no infirmity in the order since the matter has been instituted in shape of FIR, whereupon the chargesheet has been preferred and cognizance has been taken way back in the year 2016 itself. Since 2016 till today, it is an admitted case of the applicants that they never appeared before learned Court of Chief Judicial Magistrate and directly come up before this Court for challenging the entire proceeding along with summoning order as well as chargesheet. 6. When precise query has been made before learned counsel for the applicants that whether at any point of time, FIR has ever been challenged, it is fairly replied that the FIR is never put under challenge but at the same time submitted that initiation of the FIR is illegal per se which does not entitled the prosecution to proceed with trial against the applicants, who were rendering their official duty being Assistant Engineer as well as Junior Engineer in shape of applicant nos. 1 and 2 respectively. 7. In view thereof, all facts cannot be entertained at this stage before this Court and as such the instant application stands dismissed. 8. However, the applicants will be at liberty to avail all the other legal remedies available at law. Order Date :- 26.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad