HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34353 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the 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 07.01.2014 as well as cognizance / summoning order dated 22.11.2016, of Case No. 13232 of 2016 (State Vs. Akbar Ali and others), arising out of Case Crime No.143 of 2013, under Sections 143, 504, 506 IPC, P.S.- Sahjanva, District- Gorakhpur, pending in the court of A.C.J.M., Court No.2, Gorakhpur. 3. It has been submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Applicant was not named in the first information report. Learned counsel has referred first information report and statements of witnesses and submitted that there is no credible evidence against applicant and thus impugned proceedings are liable to be quashed. 4. Learned AGA has opposed the application and submitted that in view of allegations made in 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, charges have already been framed against applicant and co-accused persons and during trial two prosecution witnesses have already been examined. The case is pending for remaining prosecution evidence. There is nothing to show that applicant has ever challenged the order of framing of charge. It appears that case pertains to the year 2016 and applicant is appearing before the trial Court since last Versus Counsel for Applicant(s) : Yasavant Kumar Counsel for Opposite Party(s) : G.A. Ramjan Ali .....Applicant(s) State of U.P. and Another .....Opposite Party(s) three years. Thus, it is also apparent that there is undue delay and laches on the part of applicant in filing this application under Section 528 BNSS for quashing of charge-sheet / entire proceedings of the case. There is nothing to show that there has been any abuse of process of court or miscarriage of justice. Considering entire facts, particularly stage of trial, no case for invoking powers under Section 528 BNSS is made out. The application under Section 528 BNSS is misconceived and thus liable to be dismissed. 7. Accordingly, the application u/s 528 BNSS is dismissed. September 24, 2025 'SP'/- NA528 No. 34353 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad