Neutral Citation No. - 2025:AHC:111867 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22486 of 2025 Applicant :- Siraj Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Basharat Ali Khan,Zawwar Haider Naqvi Counsel for Opposite Party :- G.A.,Mohammad Alam,Mushir Khan Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred on behalf of applicant is taken on record. 2. Heard learned counsel for applicant, Sri Mushir Khan, learned counsel for informant and learned AGA for State. 3. Present application has been preferred with prayer to quash the cognizance/summoning order dated 18.06.2022 passed by learned Chief Judicial Magistrate, Etawah in Case no. 923/2022 arising out of Case Crime no. 135/2022, (State vs. Smt. Poonam Devi and others) as well as impugned charge-sheet dated 20.04.2021 under sections 323, 504, 332, 353, 269, 270, 147, 188, 120-B IPC read with 3 Mahamari Adhiniyam 1897 and under Section 51 Aapda Prabandhan Adhiniyam, 2005, PS- Saifai, District Etawah so far it relates with applicant only. 4. Learned counsel for applicant submitted that applicant has been falsely implicated in the present case. Only on the basis of presumption that applicant might be involved in criminal conspiracy against the informant, present FIR has been lodged which is liable to be quashed. 5. Sri Mushir Khan, learned counsel for informant opposed the prayer sought through instant application and submitted that statements of other witnesses which has been recorded under Section 161 Cr.P.C. but not appended to the application indicate that offence is made out against the applicant, hence no interference is required. 6. Learned AGA also seconded the argument raised by learned counsel for informant. 7. After hearing the rival submissions extended by learned counsel for the parties and perusing the records, this Court finds that entire arguments whatsoever has been raised through instant application are subject matter of trial and cannot be adjudicated at this stage in proceeding u/s 528 BNSS. Accordingly, prayer sought through instant application is hereby refused. However, applicant is directed to appear before learned court concerned through counsel. No coercive action shall be initiated against the applicant unless mandated as per law for personal appearance before learned court concerned. 8. The application u/s 528 BNSS stands disposed of accordingly. Order Date :- 11.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad