RAJKISHOR MUNDA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/18619/2025 · 2025-05-22
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62413 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62413 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:87994 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18619 of 2025 Applicant :- Rajkishor Munda And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar 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 22.12.2022 along with cognizance/summoning order dated 06.02.2024 as well as the entire proceedings of Case No.313 of 2024 (State vs. Jitendra Ram and Others) arising out of Case Crime No.248 of 2022, under sections 3/5(1) of U.P. Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, P.S. Saraimeer, District- Azamgarh, pending in the court of learned Chief Judicial Magistrate, Azamgarh.
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 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 applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and as such prima-facie offence has been made out against the applicants.
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 applicants.
6. Considering the above facts and circumstances, the applicant is hereby at liberty to avail all the other legal remedies available at law.
7. With the aforesaid observations, the instant application under section 528 BNSS stands disposed of. Order Date :- 23.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad