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2025 DAILYLAW 66136 (ALL)

ANKIT AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/20499/2025 · 2025-07-08

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109012 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20499 of 2025 Applicant :- Ankit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar,Vijit Saxena 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 perused the record. 2. This application has been filed by the applicant to quash the impugned charge sheet dated 17.04.2025, cognizance order dated 18.4.2025 as well as entire proceedings of Case no.3615 of 2025 (State of U.P. vs. Arjun Singh and others) arising out of Case Crime no.1 of 2025, under Sections 3,4,5 and 7 of the Immoral Traffic (Prevention) Act, 1956, Police station A.H.T.U, District Meerut pending in the court of Special Chief Judicial Magistrate, Meerut. 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 AGA 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 submitted that after considering the material available on record, charge-sheet has been submitted against the applicants upon which learned court concerned has rightly taken cognizance and summoned the applicants. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears to be 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. In view thereof, the instant application under Section 528 BNSS lacks merit and is hereby dismissed. 7. However, the applicants will be at liberty to avail all the other legal remedies available at law. Order Date :- 9.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad