HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29803 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Devendra Kumar Singh, learned counsel for the applicant, Sri Jafar Abbas, learned counsel for opp. party no. 2 and Sri Chandrashekhar Saran, learned A.G.A. for the State. 2. The present application has been filed with prayer to quash the entire proceedings of Case No. 9160 of 2025( State Vs. Kamal Singh and another) arising out of case crime No. 90 of 2024, under Sections 306, 201, 342, 120-B I.P.C., police station Airport, District Prayagraj along with chargesheet dated 01.04.2025 and summoning order dated 06.05.2025 passed learned Chief Judicial Magistrate, Allahabad in the aforesaid case. 3. It is contended by the learned counsel for the applicant that the FIR was lodged under Section 302 I.P.C. but after investigation the chargsheet was submitted under Section 306 I.P.C. It has further been contended that there is no specific allegation regarding abetement against the applicant and the Investigation Officer has not conducted the fair investigation. The cognizance taken by the learned Magistrate is not just and proper and it is an abuse of the process of the court. 4. Learned counsel for the opp. party no. 2 submits that apart from the family members of the victim, other witnesses have also supported the fact that the applicant was present at the place of occurrence armed with lathi and danda. There is specific statement of the independent witnesses Versus Counsel for Applicant(s) : Deejya Narayan Tripathi, Devendra Kumar Tiwari, Sita Devi Counsel for Opposite Party(s) : G.A., Sarve Nazir, Zafar Abbas Dinesh Singh .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) that there was active role of the applicant in abetting the victim to commit suicide. 5. Learned A.G.A. has supported the arguments advanced by the learned cousnel for opp. party no. 2. 6. Initially the FIR was lodged under Section 302 I.P.C. but after investigation the charge-sheet was submitted under section 306 I.P.C. The independent witnesses have supported the allegation made against the applicant in their statements recorded under Section 161 Cr.P.C. by the Investigating Officer. 7. In view of the aforesaid, the order taking cognizance by the learned Magistrate is not an abuse of the process of law. The application lacks merits and is liable to be rejected. 8. It is, accordingly, rejected. September 4, 2025 Gss NA528 No. 29803 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad