Neutral Citation No. - 2025:AHC:122115 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21166 of 2025 Applicant :- Avadhesh Deo Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Kamlesh Kumar Yadav, learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the entire proceedings of Case No.69304 of 2024 (State vs. Avadhesh Deo Pandey and Others) under sections 352, 353, 504, 427 I.P.C.; section 7 of Criminal Law Amendment Act; sections 3A/4 of The Uttar Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2013, P.S. Lanka, District- Kashi (Commissionerate Varanasi), pending in the court of learned Additional Chief Judicial Magistrate-III, Varanasi, including the charge-sheet dated 27.01.2024 and cognizance/summoning order dated 11.07.2024. 3. At the very outset, the corroborated evidences which has been earlier apprised by learned counsel for applicant through which charge-sheet has been submitted, whereupon cognizance of offence has been taken up by learned court concerned, over which an opportunity has been give to learned A.G.A. to verify the same facts in shape of instructions that under which circumstances the witness who recognized the applicant along with two other accused, who were pursuing their L.L.B. course at Law School of BHU, Varanasi and how they have been known to a security guard of BHU hospital, but in shape of instructions, nothing has been received by learned A.G.A. 4. Learned counsel for the applicant submitted that after considering the instructions as received by learned A.G.A., the entire proceedings seems to be a malicious against the students (including the applicant) who were pursuing their education in shape of LLB three years course at BHU and at present pursuing Ph.D. from Indian Law Institute, New Delhi. 5. Learned counsel for applicant further submitted that the evidences recorded during proceedings are seems to be in nature of attracting applicant into unwarranted criminal litigation, which may damage the entire carrier of the applicant, which is not the intention of process of law. 6. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but did not dispute the facts and submissions as made by learned counsel for applicant. 7. After hearing rival submissions extended by learned counsel for the parties as well as highlighting the instructions as received by learned A.G.A., the arguments raised by learned counsel for applicant seems to be justified with regard to the fact that malicious proceedings has been initiated against the applicant. 8. In view of aforementioned facts and circumstances of the case, the entire proceedings initiated against the applicant in shape of Case No.69304 of 2024 (State vs. Avadhesh Deo Pandey and Others) under sections 352, 353, 504, 427 I.P.C.; section 7 of Criminal Law Amendment Act; sections 3A/4 of The Uttar Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2013, P.S. Lanka, District- Kashi (Commissionerate Varanasi), pending in the court of learned Additional Chief Judicial Magistrate-III, Varanasi, including the charge-sheet dated 27.01.2024 and cognizance/summoning order dated 11.07.2024, are hereby set-aside. 9. The instant application stands allowed accordingly. Order Date :- 24.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad