Neutral Citation No. - 2025:AHC:125927 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21946 of 2025 Applicant :- Anand Yadav @ Nanhe Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Chand Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Shiv Shiv Chand Yadav, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash impugned summoning order dated 27.11.2024 passed by court of Chief Judicial Magistrate, Azamgarh, as well as entire proceeding in Case no. 11655 of 2024 (State vs. Shivanand and others) arising out of Case Crime no. 487 of 2024 as well as charge sheet dated 26.10.2024 under sections 319(2), 318(4), 338, 337, 336(3), 340(2), 61(2) BNS 2023 and sections 66C, 66D of Information Technology (Amendment) Act, 2008, at PS- Kotwali, District Azamgarh pending before court of Chief Judicial Magistrate, Azamgarh. 3. It is contended by learned counsel for applicant that applicant who is running Common Service Center at Azamgarh without any complaint has been falsely implicated in the present case. From possession of applicant, no birth/death certificate has been recovered. Applicant has no concern with the ID of Government employee which is alleged to be misused. The whole responsibility is of said employee and no offence is made out against the applicant. 4. Learned AGA for State vehemently opposed the prayer sought through instant application. 5. After hearing rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that entire argument raised by learned counsel for applicant regarding false implication, is subject matter of trial and cannot be adjudicated at this stage in proceeding u/s 528 BNSS and as such prayer sought through instant application is hereby refused. 6. Lastly, it is prayed by learned counsel for applicant, that applicant who has already been enlarged on bail be at least permitted to appear before learned court concerned and avail whatever remedy available at law. 7. Considering, the said prayer, applicant is directed to appear before learned court concerned within three weeks from today and avail whatever remedy available at law. 8. With the aforesaid observation, the application is disposed of. Order Date :- 28.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad