HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33637 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Akhilesh Kumar, learned counsel for the applicant and Sri Manoj Gautam, learned AGA for the State. 2. Instant application has been filed with the prayer to quash the entire proceeding of criminal case no. 5733 of 2023 as well as summoning order dated 5.5.2023 arising out of Case Crime No. 125 of 2021, under sections 419, 420, 467, 468, 471 IPC, P.S. Barhaj, District Deoria pending before the court of Judicial Magistrate, Court No. 17, District Deoria. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application. 3. It is contended by learned counsel for the applicant that investigating officer has submitted charge sheet merely on the basis of confessional statement of Sunil Kumar Singh and he has not taken any other evidence regarding the veracity of the allegation that is alleged in the first information report. It is further submitted that name of the applicant is Jai Kumar Singh and he has no concern with Sunil Kumar Singh. It is further submitted that learned Magistrate took cognizance of the offence against Sunil Kumar Singh but after 18 months he changed the name of Sunil Kumar Singh as Jai Kumar Singh. It is further submitted that as per allegation in the first information report one Jai Kumar Singh was performing his job as Assistant Teacher in Government School in the name of Sunil Kumar Singh . 4. On the other hand, learned AGA submitted that order impugned is just Versus Counsel for Applicant(s) : Akhilesh Kumar, Vishal Jaiswal Counsel for Opposite Party(s) : G.A. Jay Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and proper and if there is any mistake in writing the name of the applicant in the order of the learned Magistrate which has subsequently been corrected, the same cannot be taken a ground to quash the cognizance order. Learned AGA further submitted that defect in investigation as alleged by the learned counsel for the applicant cannot be looked into at this stage. 5. As per first information report the allegation against the applicant is that he worked as Assistant Teacher in the Government School in the name of Sunil Kumar Singh and after investigation the charge sheet has been submitted by the investigating officer. Due to mistake initially cognizance was taken against Sunil Kumar Singh and subsequently the same was changed in the name of Jai Kumar Singh. Initially first information report has been lodged against Sunil Kumar Singh but charge sheet has been submitted against Jai Prakash Singh. 6. In view of the above, the applicant has failed to show any abuse of the process of law by the order impugned, hence the application lacks merits and deserves to be dismissed. 7. Application is hereby dismissed. September 11, 2025 SY NA528 No. 33637 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad