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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25725 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State perused the record.
2. This application has been filed by the applicants to quash the entire proceeding of Criminal Case No. 917 of 2020 (State vs. Haji Leela & others) arising out of Case Crime No.249 of 2018, under Sections 143, 149, 341 IPC and Section 7 Criminal Law Amendment Act, Police Station Chandinagar, District Baghpat including charge sheet dated 09.01.2020 and cognizance/summoning order dated 28.09.2020 passed by learned Additional Chief Judicial Magistrate, Baghpat.
3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicants including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court.
4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by
learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicants upon which learned court concerned has rightly taken cognizance and summoned the applicants.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicants.
6. Accordingly, the prayer sought through the instant application, is refused.
7. Lastly, learned counsel for applicants submitted that applicants nos. 2 to 12 may be permitted to appear before the court concerned through counsel in pursuance of cognizance/summoning order dated 28.09.2020 passed by learned Additional Chief Judicial Magistrate, Baghpat to which learned AGA has no objection. In so far as, applicant no.1 is concerned, he is hereby
directed to appear before the court concerned within a period of three weeks Versus Counsel for Applicant(s) : Rajendra Kumar Misra Counsel for Opposite Party(s) : G.A. Rami And 11 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
from today. Till three weeks, no coercive action will be taken against applicant no.1 herein, in pursuance of said case till three weeks.
8. In view of the aforesaid, the instant application is finally disposed of. September 9, 2025 Rakesh NA528 No. 25725 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad