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Neutral Citation No. - 2025:AHC:123387 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21201 of 2025 Applicant :- Vikas Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinay Bhattacharya,Sunil Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with prayer to quash
order dated 26.09.2023 passed by Chief Judicial Magistrate, GautamBudh Nagar as well as quashing the charge-sheet dated 08.07.2023 in Case Crime no. 305 of 2023 and quashing the entire proceedings registered in pursuance in Criminal Case no. 43678 of 2023 in State vs. Vikas Singh under sections 420, 406, 467, 468, 471, 34 IPC and 66D of Information Technology Act, PS- Sector 63 Noida, District Gautambudh Nagar against the applicant.
3. For challenging the entire proceeding initiated against the applicant in shape of Case Crime no. 305 of 2023, it is contended by learned counsel for applicant that the investigation in the present case lasted for only 3 days and was hurriedly close by filing half-baked chargesheet. Prosecution have miserably failed to identify any such person who have been cheated by the applicant or any other accused person. Only person who has been alleged to be cheated by the applicant and other co-accused is Rinku Yadav who has lodged a separate FIR under suspicious circumstances and it appears that he has been planted by the Investigating Officer. There is disparity in the statement of Rinku Yadav in both the cases.
4. Per contra, learned AGA vehemently opposed the prayer sought through instant application.
5. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that certain incriminating articles in shape of forged approval letter issued from Reserve Bank of India, Income Tax Department, Insurance Regulatory Development Authority etc. have been
recovered from the possession of applicant which requires proper adjudication at the stage of trial and as such grounds raised by
learned counsel for applicant are subject matter of trial and cannot be conclusively determined in proceedings under Section 528 BNSS. This Court is not inclined to hold mini-trial in present proceeding. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under 528 BNSS.
6. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed.
Order Date :- 24.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad