Neutral Citation No. - 2025:AHC:132164 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28091 of 2025 Applicant :- Sunil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Mishra,Devendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash entire proceeding of Case no. 860 of 2020 (State vs. Sunil Kumar) under sections 60, 63, 72 Excise Act & 420, 468 IPC arising out of Case Crime no. 127 of 2019 under sections 63, 72 Excise Act, 420, 467, 468 IPC, PS- Anoop Shahr, District Bulandshahr, pending in court of Additional Chief Judicial Magistrate, Anoop Shahr, Bulandshahr and summoning/cognizance order dated 11.11.2020 passed by Additional Chief Judicial Magistrate, Anoop Shahr, Bulandshahr. 3. At the very outset, learned AGA raised a preliminary objection regarding maintainability of instant application and submitted that through the same, cognizance order passed way back in the year 2020 has been challenged which is not sustainable in the eye of law since there is considerable delay in challenging the cognizance order. 4. Learned counsel for applicant could not satisfactorily explain the delay caused in challenging the cognizance order. 5. Considering the argument raised by learned AGA for State which seems to be forceful, this Court finds that cognizance order passed on dated 11.11.2020 has been challenged in the year 2025 i.e. almost after 5 years which is not at all sustainable in the eye of law and as such prayer sought through instant application cannot be acceded. 6. The application u/s 528 BNSS stands dismissed accordingly. However, applicant will be at liberty to avail all the other remedy available at law. Order Date :- 5.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad