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2025 DAILYLAW 76348 (ALL)

MOHANVEER SINGH v. STATE OF U.P. AND ANOTHER

NA528/25194/2025 · 2025-08-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140328 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25194 of 2025 Applicant :- Mohanveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Jagdish,Ashutosh Shukla Counsel for Opposite Party :- Deepak Kumar Patel,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. In compliance of order dated 01.08.2025, counter affidavit has been preferred by opposite party no.2 after serving copy of the same upon learned counsel for applicant, which is taken on record. 3. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 15.10.2024, cognizance/summoning order dated 11.03.2025 as well as the entire proceedings of Criminal Case No.456 of 2025 (State vs. Mohanveer Singh) arising out of Case Crime No.456 of 2024, under sections 77/351(2) BNS and section 67a of I.T. Act, P.S. Sadabad Kotwali, District- Hathras, pending in the court of learned Chief Judicial Magistrate, Hathras. 4. 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 and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 5. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and submitted that as per instructions available with him, through which it has been transpired that the video which has been provided in shape of pen drive by the informant has been perused by two lady constables and the same has been ascertained by them in respect of obscene footage available with the same. 6. After hearing rival submissions extended by learned counsel for the parties, there appears no good ground for interfering in the proceeding which is pending before learned court concerned and the entire grounds whatsoever has been raised and taken up by learned counsel for applicant are amenable before learned trial court which has to be concluded on the basis of strict proof of evidence and the statement so recorded by the witnesses. 7. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. Order Date :- 18.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad