Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107479 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23518 of 2025 Applicant :- Gambheer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Shahi 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 entire proceedings of Session Trial No.2509 of 2024 (State vs. Shariq @ Shahrukh) arising out of Case Crime No.686 of 2021, under sections 3/8 of U.P. Prevention of Cow Slaughter Act, 1955 and section 120B I.P.C., P.S. Jagdishpura, District- Agra including the charge-sheet dated 27.02.2022 as well as order dated 05.06.2025, whereby the discharge application preferred at the behest of applicant has been rejected by learned Additional Session Judge, Court No.21, Agra.
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 discharge application preferred at the behest of applicant has been rejected by learned court concerned without application of mind and as such the proceedings initiated against the applicant including the impugned charge-sheet may 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 supported the order dated 05.06.2025 passed by learned court concerned as well as 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 the
order 05.06.2025 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 :- 8.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad