Neutral Citation No. - 2025:AHC:132961 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 25968 of 2025 Applicant :- Pankaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Patsy David,Sanju Lata Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned charge-sheet dated 07.03.2025, cognizance order dated 26.03.2025 in S.T. No.149 of 2024 (State vs. Pankaj) arising out of Case Crime No.580 of 2023, under Sections 302 & 449 I.P.C., P.S. Budhana, District Muzaffarnagar, pending in the court of Additional District & Sessions Judge/FTC, Court No.3, Muzaffar Nagar. 3. Learned counsel for the applicant submits that the FIR was registered under section 302 I.P.C. thereafter applicant applied for bail under section 302 I.P.C. and by order dated 05.11.2024, this Court granted bail to the applicant. Learned counsel for the applicant next submits that Investigating Officer submitted charge-sheet under section 302 I.P.C. as well as under section 449 I.P.C. Learned counsel for the applicant next submits that no offence under alleged section is made out. 4. Per contra, learned A.G.A. vehemently opposed the submissions raised by learned counsel for the applicant and submits that from perusal of first information report as well as other material evidence, prima facie, offence is made out against the applicant. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of the record, prima facie, offence is made out against the applicant. No interference is warranted. 6. Accordingly, the relief as sought by the applicant through this application is refused. 7. However, if applicant surrenders before the concerned Court below within three weeks from today and applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 8. For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him. 9. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 6.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad