Neutral Citation No. - 2025:AHC:143291 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 30381 of 2025 Applicant :- Abhay Priya Srivastava And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Gautam,Chakshuvendra Pachauri Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Chakshuvendra Pachauri, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash the entire proceeding of Criminal Case no. 6028 of 2025 (State vs. Abhay Priya Srivastava and others) charge sheet no. 303 of 2025 dated 04.06.2025, arising out of Case Crime no. 349 of 2025 under sections 127, 70(1), 351(3) BNS and section 67 IT Act, against the applicant no. 1 and under section 127, 351(3) BNS and section 67 IT Act against the applicant no. 2, PS- Kasganj, District Kasganj as well as cognizance/summoning order dated 30.07.2025 pending in court of learned Chief Judicial Magistrate, Kasganj. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. FIR has been lodged after delay of two months. Opposite party no. 2 has neither disclosed the date of alleged incident nor she disclosed the time of said incident. There is contradiction in the statements of victim/opposite party no. 2. Present FIR has been lodged only to fetch money from applicants, hence the entire proceeding is liable to be set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing the rival submissions extended by learned counsel for the parties and perusing the records, this Court finds that entire arguments whatsoever has been raised through instant application are subject matter of trial and cannot be adjudicated at this stage in proceeding u/s 528 BNSS. Accordingly, prayer sought through instant application is hereby refused. 6. It is admitted fact that in pursuance to summoning order which has been issued by learned court concerned against applicants, they have not appeared before concerned court as such applicants are hereby directed to appear before learned court concerned within three weeks from today. Till three weeks, no coercive action shall be initiated against the applicants. After expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 7. The application u/s 528 BNSS stands disposed of accordingly. Order Date :- 20.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad