Neutral Citation No. - 2025:AHC:117031 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 25306 of 2025 Applicant :- Gulab Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imaran Ahmad,Shams Uz Zaman Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application has been filed for quashing of the proceedings of Case Crime No. 96 of 2019, under Sections 506, 376 I.P.C. and Section 67A I.T. Act, Police Station Nakhasa, District Sambhal pending in the Court of Chief Judicial Magistrate, District Sambhal and also to quash the charge sheet dated 29.05.2019 as well as cognizance order dated 04.12.2019. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. Submission is that the malafides which motivated the opposite party have been emphasized and several submissions in order to expose the falsity of the allegations have been made. Further submission is that malafides behind the prosecution are apparent on the face of record and if the proceedings against the applicant is allowed to go on, it will result in the abuse of court's process. Learned counsel for the applicant therefore submits, no prosecution could lie against the applicant, in such circumstances. 4. On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant. 5. This Court in exercise of its power under section 528 B.N.S.S., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected. 6. Accordingly, the instant application under Section 528 B.N.S.S. is dismissed. Order Date :- 18.7.2025 Pawan Kumar Digitally signed by :- PAWAN KUMAR High Court of Judicature at Allahabad