Neutral Citation No. - 2025:AHC:139543 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 20551 of 2025 Applicant :- Kundan Alias Karan Alias Kunj Rajput Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application under Section 528 BNSS has been filed for quashing of the entire criminal proceedings, including charge-sheet dated 14.08.2024 as well as cognizance order dated 16.01.2025, of Case No. 367 of 2025, arising out of Case Crime No. 117 of 2024, under Sections 379, 420 IPC, P.S.- Chaubeypur, District- Kanpur Nagar, pending in the court of Additional Chief Judicial Magistrate-I, Kanpur Dehat. 3. It is submitted by learned counsel for the applicant that the allegations levelled against the applicant are wholly false and no prima facie case is made out against them. The First Information Report was lodged by one Jeetu and allegations of theft of mobile phone were levelled against co-accused Nandu. During investigation, statement of said Nandu has not been recorded. Only an amount of Rs. 10,000/- was shown to be transferred into account of applicant by co-accused Nandu, which has been paid back by the applicant. There is no evidence that applicant has cheated any person or he has committed any theft. Referring to facts of the matter, it was submitted that no prima facie case is made out against the applicant and the impugned proceedings are malicious thus, liable to be quashed. 4. Learned AGA for the State has opposed the application and submitted that applicant is named in the First Information Report and he along with co-accused persons was involved in online cheating. During investigation, one Smt. Manorama Katiyar has made statement to the effect that her mobile phone was stolen by applicant and co-accused persons from her shop and an amount of Rs. 1,28,000/- was transferred online from her bank account to several persons. It was also shown that an amount of Rs. 10,000/- was transferred into account of applicant. 5. I have considered the rival submissions and perused the records. 6. As per prosecution version, applicant and co-accused person have stolen mobile-phone of Smt. Manorama Katiyar and by using the same, they have transferred Rs.1,28,000/- from her bank account. Out of that amount, Rs.10,000/- were transferred into account of applicant. Considering the facts and circumstances of the case material available on record, it cannot be said that no prima facie case is made out against the applicant. The submissions raised by learned counsel for the applicant call for determination of questions of fact, which can only be adjudicated by the trial court. Hence, the prayer sought by the applicant is refused. 7. At this stage, learned counsel for the applicant submitted that the applicant would appear before the trial court and a direction may be made to the trial court concerned to decide the bail application of applicant expeditiously and till then, protection may be granted to him. 8. In view of the aforesaid, it is directed that in case applicant appears/ surrenders before the trial court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicant appears/ surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 9. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 13.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad