Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33615 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned A.G.A. for State.
2. The instant application has been preferred with the prayer to quash the charge sheet dated 22.12.2023, cognizance/summoning order dated 18.02.2025 and the entire proceedings of Criminal Case No. 62754 of 2024 (State vs. Ravi Kumar and others) arising from Case Crime No. 177 of 2023, under Sections 5 of the Immoral Traffic (Prevention) Act, 1956, registered at Police Station- Link Road, District- Ghaziabad.
3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused, Neeraj Kapoor, preferred Application u/s 528 BNSS no. 30573 of 2025 (Neeraj Kapoor vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 27.08.2025 has been passed by this Court, whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant, who is also implicated in same Case Crime no.177 of 2023 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings.
4. Although, learned AGA opposed the prayer sought through instant application but did not dispute the fact in respect of judgment and order dated 27.08.2025.
5. In view of foregoing discussion, parity of judgment and order dated Versus Counsel for Applicant(s) : Dev Prakash Sharma, Priyanka Devi Counsel for Opposite Party(s) : G.A. Akash And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
27.08.2025 is applicable in favour of applicants and as such entire proceeding arising out of same case crime number, i.e., 177 of 2023, which culminated into preferring the charge sheet on dated 22.12.2023, thereafter
order passed by learned concerned court by way of passing summoning
order on dated 18.02.2025 is hereby quashed and set aside in respect of applicants namely Akash, Abhishek and Ashutosh, in the light of judgment and order dated 27.08.2025 passed in case of Neeraj Kapoor (supra).
6. The instant application u/s 528 BNSS stands allowed accordingly. September 11, 2025 Shaswat NA528 No. 33615 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad