Neutral Citation No. - 2025:AHC:117515 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25172 of 2025 Applicant :- Rashmi Agarwal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Padmaker Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the charge-sheet dated 01.09.2024 along with cognizance/summoning order dated 07.03.2025 passed by learned Special Chief Judicial Magistrate, Kanpur Nagar as well as proceeding of Case no. 23699 of 2025 arising out of Case Crime no. 29 of 2024 (State of U.P. vs. Shubham Agrawal and others) under sections 482, 483, 485 IPC and Section 102, 103 & 104 of Trade Mark Act, 1999, PS- Badhshai Naka, Kanpur Nagar pending in court of learned Special Chief Judicial Magistrate, Kanpur Nagar. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicants is illegal and against the material available on record. Evidence on record does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant is not sustainable in the eye of law. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it transpires that argument raised by learned counsel for applicant is subject matter of trial and cannot be conclusively adjudicated in proceeding u/s 528 BNSS and as such prayer sought through instant application is hereby refused. However, applicant is directed to appear before learned court concerned within three weeks from today and he is at liberty avail whatsoever remedy available at law. 6. The application u/s 528 BNSS stands dismissed accordingly. Order Date :- 18.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad