HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28827 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicant and learned AGA for State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 09.07.2002, N.B.W. dated 21.04.2008 as well as cognizance/ summoning order dated 19.02.2003, of Case No.536 of 2003 (State Vs. Rakesh), arising out of Case Crime No.220 of 2002, under Sections 379, 411 IPC, P.S.- Jhunsi, District- Allahabad, pending in the court of Additional Chief Judicial Magistrate, Court No.05, Allahabad. 3. It is submitted by learned counsel for applicant that applicant is innocent and no prima facie case is made out against him. The applicant is not named in the first information report and he was falsely implicated in this case during investigation. The alleged recovery shown from applicant is false and baseless. Learned counsel referred the facts of the matter and documents on record and submitted that no prima facie case is made out against applicant. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in the first information report and materials on record, a prima facie case is made out against applicant. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that in the aforesaid case charge-sheet was submitted on 19.02.2003 and applicant had been appearing before the trial Versus Counsel for Applicant(s) : Abhijeet Verma, Akanksha Srivastava, Anadi Srivastava Counsel for Opposite Party(s) : G.A. Rajesh Kumar Jaiswal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) court since 20.05.2004. However, since the year 2018 he is not appearing before the trial court. It is apparent that applicant has knowledge about the impugned proceedings since the year 2004 but this application under Section 528 BNSS seeking quashing of charge-sheet and the entire proceedings has been filed in the year 2025. Thus, there is long and undue delay and laches on the part of applicant in filing this application under Section 528 BNSS. It also appears from record that during investigation recovery of stolen articles was shown from applicant and co-accused persons and thus it cannot be said that no prima facie case is made out against applicant. 7. After considering arguments raised by learned counsel for the parties and perusing the impugned first information report and materials on record, no case for invoking powers under Section 528 BNSS is made out. The application under Section 528 BNSS lacks merits and thus liable to be dismissed. 8. Accordingly, the application u/s 528 BNSS is dismissed. September 12, 2025 CS/- NA528 No. 28827 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad