Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:145286 Court No. - 77
Case :- APPLICATION U/S 528 BNSS No. - 25011 of 2025
Applicant :- Rajaram Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Srivastava,J.
1. Heard Shri Sanjay Kumar, learned counsel for the applicant, and learned A.G.A. for the State perused the record.
2. This application has been filed by the applicant to quash the entire proceedings of Criminal Case No.40 of 2025 arising out of Case Crime No.47 of 2024, State of U.P. vs. Rajaram, under Section 60 Excise Act, Police Station Singramau District Jaunpur as well as charge sheet dated 14.06.2024 including the summoning order dated
12.07.2024.
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.
4. In compliance to previous order dated 24.07.2025, learned AGA came up with the S.F.L. report through which it transpired that the confiscated liquid which has been recovered from the possession of the applicant has been determined as country made liquor and as such 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 submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant. .
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 applicant.
6. In view thereof, the instant application under Section 528 BNSS lacks merit and is hereby dismissed. However, if the applicant intended to surrender before learned court concerned, applicant is
directed to appear before the learned court concerned within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law.
Order Date :- 22.8.2025 Rakesh NA528 No. 25011 of 2025 2 Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad