Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27476 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application has been preferred to quash the impugned orders dated 03.06.2024 and 01.10.2024 passed by learned Chief Judicial Magistrate, Bareilly in Criminal Case No.234 of 2024 (State vs. Moin Khan) arising out of Case Crime No.567 of 2018, under section 506 I.P.C. and section 67 of I.T. Act, P.S. Qilla, District- Bareilly, through which discharge application preferred on behalf of applicant has been rejected as well as charges have been framed against applicant respectively.
3. Learned counsel for the applicant submitted that the impugned orders dated 03.06.2024 and 01.10.2024 passed by learned trial court is illegal and without application of mind; the material of investigation and the narration of F.I.R. do not disclose commission of any alleged offences against the applicant, wherein charges have been framed against him.
4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and submitted through the instructions so received by him that one digit of the said mobile number was inadvertently left to be typed at the time of receiving report from the cyber-cell, whereas ten digit mobile number has been sent, which is available in the instructions. Rest of other grounds taken up by learned counsel for applicant is amenable before learned trial court.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds no convincing ground Versus Counsel for Applicant(s) : Vikash Chandra Tiwari Counsel for Opposite Party(s) : G.A. Moin Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
for quashing the entire proceedings arising out of Case Crime No.567 of 2018, under section 506 I.P.C. and section 67 of I.T. Act, P.S. Qilla, District- Bareilly, including impugned orders dated 03.06.2024 as well as 01.10.2024.
6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. September 8, 2025 Saif NA528 No. 27476 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad