Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 61801 (ALL)

POOJA ALIAS JOTI CHAUDHARY v. STATE OF UP AND ANOTHER

NA528/18554/2025 · 2025-05-22

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:87982 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18554 of 2025 Applicant :- Pooja Alias Joti Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Utkarsh Pandey 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 charge-sheet dated 16.02.2024 along with cognizance/summoning order dated 29.04.2024 as well as the entire proceedings of Criminal Case No.30663 of 2024 (State vs. Laxman and Others) arising out of Case Crime No.1756 of 2023, under sections 3, 4, 5 & 6 of The Immoral Traffic (Prevention) Act, 1956, P.S. Indirapuram, District- Trans Hindon (Commissionerate Ghaziabad), pending in the court of learned Chief Judicial Magistrate, Ghaziabad. 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. It is further submitted that the applicant has no concern and connection with the other accused person as well as the applicant has already been granted bail. 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 not acceptable at this stage and the same 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 :- 23.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad