Neutral Citation No. - 2025:AHC:101610 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22097 of 2025 Applicant :- Rajat Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamalesh Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 09.11.2024 along with cognizance/summoning order dated 18.02.2025 as well as the entire proceedings of Case No.2273 of 2025 (State vs. Rajat Pandey) arising out of Case Crime No.457 of 2024, under section 67 of I.T. Act, P.S. Ramkola, District- Kushinagar, pending in the court of learned Chief Judicial Magistrate, Kushinagar at Padrauna. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant as well as the applicant has already been extended interim bail vide order dated 15.05.2025 and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court is of the view that the prayer made through the instant application under section 528 BNSS cannot be extended at this stage. 6. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided expeditiously on the same day, if possible, in accordance with settled law or learned court concerned may extended his interim bail. 7. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein. Order Date :- 1.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad