Neutral Citation No. - 2025:AHC:110546 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23478 of 2025 Applicant :- Rahul Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwas Verma,G.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing charge- sheet no.66 of 2022 dated 04.08.2022 along with cognizance/summoning order dated 02.02.2023 passed by Additional Chief Metropolitan Magistrate-02, Kanpur Nagar and the entire proceedings of Criminal Case No.71290 of 2023 (State vs. Rahul Singh and Another) arising out of Case Crime No.87 of 2022, under sections 286, 120B I.P.C. and section 30 of Arms Act, P.S. Swarup Nagar, District- Kanpur Nagar, pending before learned court of Chief Judicial Magistrate, Kanpur Nagar. 3. It is the case of applicant that initially first information report dated 22.06.2022 has been lodged against the co-accused, Keshav Agarwal, at Case Crime No.87 of 2022 in pursuance to sections 25, 27 of Arms Act by opposite party no.2 with the influence of business rivals just to tarnish the image of applicant's family in Kanpur Nagar, wherein after conduction of detail inquiry, concerned Investigating Officer submitted charge-sheet dated 04.08.2022, since there is hardly any credible evidence collected during investigation, whereupon learned court concerned took cognizance of offence in pursuance to sections 286, 120B I.P.C. and section 30 of Arms Act vide order dated 02.02.2023, which impugned the present application. 4. Learned counsel for applicant sought the attention of Court over the narration of F.I.R., wherein no such allegation has been carved out which may attract sections 286, 120B I.P.C. and section 30 of Arms Act in which the applicant has been implicated. Learned counsel for applicant submitted that in a separate proceedings in respect to owner of license holder, wherein specific report considered by learned Commissioner, which has been received from the Forensic Science Laboratory that no fire has been came out of license arm as per the ballistic report and as such the proceedings initiated against the applicant seems to be unjustified, that is purely based upon some video clip, which shows only holding of fire arm in hand, whereas the said video which was uploaded on social media platform, i.e., Twitter has not been investigated yet. It is further submitted that proceedings with regard to co-accused, Keshav, has already been quashed by this Court vide order dated 19.05.2025 in Application u/s 528 BNSS No.13144 of 2025, the said order is kept on record. 5. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but did not dispute the above submissions as raised by learned counsel for applicant. 6. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, the arguments raised by learned counsel for applicant seems to be justified, since from the ballistic report submitted by Forensic Science Laboratory, it is clear that no fire has been came out of licensed arm and there is hardly any investigation with regard to video clip in question uploaded on social media platform, i.e., Twitter. 7. In view of aforementioned facts and circumstances, the entire proceedings initiated against the applicant in shape of Criminal Case No.71290 of 2023 (State vs. Rahul and Another) arising out of Case Crime No.87 of 2022, under sections 286, 120B I.P.C. and section 30 of Arms Act, P.S. Swarup Nagar, District- Kanpur Nagar, pending before learned court of Chief Judicial Magistrate, Kanpur Nagar, is hereby set-aside. 8. The instant application stands allowed accordingly. Order Date :- 8.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad