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2025 DAILYLAW 88972 (ALL)

ADIL v. STATE OF U.P. AND 3 OTHERS

NA528/31500/2025 · 2025-09-23

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31500 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. Despite service of notice, none appeared on behalf of opposite party no.2. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 07.06.2025, cognizance/summoning order dated 15.07.2025 as well as the entire proceedings of Session Case No.1118 of 2025 (State vs. Adil) arising out of Case Crime No.212 of 2025, under sections 115(2), 351(3), 74 BNS and sections 7/8 POCSO Act, P.S. Kithor, District- Meerut, pending in the court of learned Special Judge, Exclusive POCSO Act/Additional Session Judge, Meerut. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the statements recorded by other witnesses as well as doctor, namely, Ritesh Chauhan under section 180 BNSS, do not support the prosecution story; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the arguments whatsoever has been raised by learned counsel for applicant is amenable before learned trial court, which is specifically on the basis of statements so recorded by prosecution witnesses and the material evidences, which has been collected during the Versus Counsel for Applicant(s) : Azm Sayeed, Khalid Mahmood Counsel for Opposite Party(s) : G.A. Adil .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) course of investigation and as such prima-facie offence has been made out against the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that none of the grounds are convincing for quashing the entire proceedings arising out of Case Crime No.212 of 2025, specifically in respect of statements so recorded by concerned investigating officer. 6. The instant application under section 528 BNSS stands dismissed accordingly. September 24, 2025 Saif NA528 No. 31500 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad