Neutral Citation No. - 2025:AHC:87395 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18453 of 2025 Applicant :- Sujit Kumar Saroj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarita Devi Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sanjay Shankar Pandey, learned counsel appearing on behalf of applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the cognizance/summoning order dated 28.04.2023 as well as the entire proceedings of Criminal Case No.3465 of 2023 (State vs. Sujit Kumar Saroj) arising out of Case Crime No.256 of 2022, under section 420 I.P.C. and section 66D of I.T. Act, P.S. Lalganj, District- Basti, pending in the court of learned Chief Judicial Magistrate, Basti. 3. Learned counsel for the applicant submitted that there is hardly any offences available for prosecuting the applicant in respect of Case Crime No.256 of 2022 and the proceedings initiated against the applicant is abuse of process of law and as such the same is liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and suggested that it is a fit case for discharge and the applicant is at liberty to prefer discharge application and the averments whatsoever has been raised by learned counsel for applicant cannot be considered at this stage. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that it is not the case of abuse of process of law rather it is a case which is transpired from the records that certain facts which has been narrated in the application and argued by learned counsel for applicant is not in shape of proceeding for convicting the applicant, but at the same time, the entire determination has to be drawn and assessed by learned trial court after considering the statement and evidences whatsoever will be available during the course of trial. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. 7. However, it is made clear that learned counsel argued on the basis of preferring discharge application, but the liberty is hereby extended in favour of applicant to avail all the other legal remedies available at law. Order Date :- 22.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad