Neutral Citation No. - 2025:AHC:109133 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22201 of 2025 Applicant :- Kaushal Anand Diwakar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Tiwari 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 24.10.2023, cognizance/summoning order dated 05.03.2024 as well as the entire proceedings of Case No. 8976 of 2024 (State vs. Kaushal Anand Diwakar) arising out of Case Crime No. 719 of 2023, under section 507 I.P.C. and section 67 of I.T. Act, P.S. Quarsi, District- Aligarh, pending in the court of learned Chief Judicial Magistrate, Aligarh as well as to stay the further proceedings of abovementioned case. 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 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, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. 7. However, the applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 9.7.2025/#Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad