Neutral Citation No. - 2025:AHC:135904 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26630 of 2025 Applicant :- Aditya Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mandvi Tripathi,Santosh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Santosh Tripathi, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash charge sheet dated 27.03.2025 submitted by Investigating Officer as well as cognizance/summoning order dated 07.04.2025 passed by learned Chief Judicial Magistrate, Gautam Budh Nagar and to quash entire proceeding in Case no. 47835 of 2025 arising out of Case Crime no. 352 of 2024 (State of U.P. vs. Chandrakant & others) under sections 420, 408, 467, 468, 471 & 506 IPC and 66 Information of Technology (Amendment) 2008 at PS- Sector-63 Noida, District Gautam Budh Nagar pending in court of learned Chief Judicial Magistrate, Gautam Budh Nagar. 3. The instant application has been preferred for challenging entire proceeding along with order through which cognizance of offence has been taken up after endorsing the word " पपप पपतत कप अवलतकन कर ससजपन ललयप गयप". Learned counsel for applicant submitted that entire evidences whatsoever has been collected during investigation by concerned Investigating Officer has not been considered by learned court of Chief Judicial Magistrate, Gautam Budh Nagar while passing order dated 07.04.2025, rather it is a routinal order through which there is hardly any corroborated evidences whatsoever has been considered by learned concerned court has been disclosed. 4. In respect so far the merit of the case is concerned, learned counsel for applicant submitted that the applicant had been the employee of Company and once his salary has been stopped he preferred civil suit for realization of the same and the FIR is nothing but the counter-blast of the civil suit which has been preferred by the applicant and he has been unnecessarily implicated in Case Crime no. 352 of 2024 and the entire proceeding is liable to be quashed by this Court on the basis of non-availability of the evidence and as per the statement recorded by concerned Prosecution Witnesses. 5. Per contra, learned AGA vehemently opposed the prayer as made through instant application and rebutted the stand taken up by learned counsel for the applicant and precisely submitted that the role of the concerned Magistrate who took cognizance is only up to the extent to see whether prima facie any offence has been made out or not otherwise and entire argument whatsoever has been raised by learned counsel for the applicant is amenable before learned trial court by way of scrutinizing the statement in shape of trial which has been mandated as per the procedure which shall be the outcome in pursuance to examining the witnesses in cross and chief. 6. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that at this stage, only after taking cognizance of offence by learned concerned court, the merit of the matter cannot be ascertained under proceeding of 528 of BNSS by this Court, so far as reliability of the witnesses are concerned, the same can only be tried before learned concerned court and as such there is hardly any merit in the matter available for seeking indulgence of this Court at this stage. 7. The application u/s 528 BNSS stands dismissed accordingly. Order Date :- 11.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad