Neutral Citation No. - 2025:AHC:137670 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27097 of 2025 Applicant :- Rishu Thakur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet no.126/2023 dated 13.09.2023 along with cognizance/summoning order dated 30.09.2023 as well as the entire proceedings of S.S.T. No.889 of 2023 (State vs. Ritik Singh and Others) arising out of Case Crime No.73 of 2023, under sections 8/20 of N.D.P.S. Act, P.S. Kachhwa, District- Mirzapur, pending in the court of learned Additional District and Session Judge/Special Judge (E.C. Act) Room No.4, Mirzapur. 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. 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 subject matter of trial; at several times in catena of judgements, Hon'ble Apex Court held that no mini trial can be prepared before this Court since it is the exclusive domain, which is still to be conducted by learned trial court and as such the grounds taken up through the instant application for quashing of the entire proceedings along with charge-sheet and summoning order cannot be quashed at this stage and the grounds are amenable before learned trial court itself. 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 :- 13.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad