Neutral Citation No. - 2025:AHC:107275 Reserved Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 18079 of 2025 Applicant :- Devendera Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Kushwaha,Vikrant Pandey Counsel for Opposite Party :- G.A.,Pankaj Bharti Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 2. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred for quashing of the entire proceedings of Criminal Case No. 18940/9 of 2023 (State Vs. Devendra), arising out of Case Crime No. 327 of 2022, under Sections – 420, 467, 468, 471, 120- B I.P.C., Police Station - Thanabhawan, District - Shamli, pending in the court of Civil Judge (J.D.), Shamli at Kairana. 3. It is submitted by learned counsel for the applicant that applicant is innocent and no case is made out against him. The first information report was lodged against applicant and 13 co-accused persons and after investigation of the case charge sheet was submitted only against applicant and the investigation was kept pending against co-accused persons. Thereafter, final report (closure report) was submitted in favour of applicant as well as co- accused persons. Matter was further investigated at the direction of Court and the police have against submitted final report (closure report). Learned counsel submitted that if the version of prosecution has been found false or not reliable in respect of co- accused persons, the same analogy would be applicable to the case of applicant and thus, the impugned proceedings against applicant are abuse of the process of Court. Learned counsel has referred facts of the matter and submitted that impugned proceedings are liable to be quashed. 4. Learned A.G.A. and learned counsel for the opposite party No.2 have opposed the application and submitted that after investigation charge-sheet was submitted against applicant and cognizance has already been taken. Charges have been framed against him and during trial one witness has already been examined. The first application of the applicant under section - 482 Cr.P.C. seeking quashing of proceedings of aforesaid case was disposed of with observation that applicant may file an application under section - 216 Cr.P.C.. It was submitted that in view of aforesaid facts and circumstances, no case for quashing of impugned proceedings is made out. It was also submitted that this repeat application for quashing of proceedings is not maintainable. 5. I have considered the rival submissions and perused the record. 6. In the present case perusal of record shows that informant Ram Kumar Garg has lodged first information report against 14 accused persons, including applicant, for offence under Section – 120-B, 420, 406 I.P.C.. After investigation police have submitted charge -sheet against applicant Devendra for offence under sections – 120-B, 420, 467, 468, 471 I.P.C., whereas the investigation against co-accused persons was kept pending. The Trial court took cognizance against applicant Devendra vide order dated 14.07.2023. It appears that after investigation against co-accused persons, police have submitted closure report in favour of applicant as well as against co-accused persons. The applicant has filed an application under Section – 482 Cr.P.C. (No. 7327 of 2024) for quashing of said proceedings but said application was disposed of by this Court vide order dated 09.05.2024 by observing that charges have already been framed against applicant and he may move an application under Section – 216 Cr.P.C. at appropriate stage. Meanwhile on protest petition of informant, learned Magistrate has directed for further investigation, however, again final report was submitted. The applicant has filed an application under Section – 216 Cr.P.C. alleging that on the basis of final report the charges be altered and applicant be discharged. That application was rejected by the Trial court vide order dated 03.06.2024. The applicant has again filed an application under Section – 482 Cr.P.C. for quashing of impugned proceedings, including summoning order, but that application was dismissed as not pressed vide order dated 18.02.2025 passed in Application u/s 482 No. 32034 of 2024. Now this third application under Section – 528 BNSS has been filed with same prayer. As after submission of first closure report, the prayer of applicant for quashing of impugned proceedings was already declined by this Court vide order dated 09.05.2024 passed in Application u/s 482 No. 7327 of 2024 and after submission of second closure report application of applicant under Section - 482 Cr.P.C. seeking same prayer was dismissed as not pressed without any liberty to file fresh application thus, the instant application under Section – 528 BNSS seeking same prayer for quashing of impugned proceedings was hardly maintainable. 7. It may be further stated that in case of Vinay Tyagi Vs. Irshad Ali @ Deepak and Others, (2013) 5 SCC 762, it was observed by the Hon'ble Apex Court that where police have submitted report under Section – 173 (2) Cr.P.C. and thereafter on further investigation closure report is submitted, in such a case both the reports have to be construed conjointly. In the instant matter, it would be pertinent to mention that the Trial court has already framed charges against applicant for offence under Section – 420, 467, 468, 471, 468, 120-B IPC vide order dated 26.10.2023. It appears from record that during trial three witnesses have already been examined. In view of these facts and circumstances, no case for quashing of impugned proceedings is made out. However, the applicant would be at liberty to move an application before the Trial court concerned that a suitable order be passed in terms of law laid down in case of Vinay Tyagi (supra). 8. With the aforesaid observations, this application under Section – 528 BNSS is dismissed. Order Date :- 8.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad