HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33605 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Santosh Kumar Gupta, learned counsel for the applicant and Shri B.P.Maurya, learned AGA for the State. 2. The present application u/s 528 of BNSS has been filed with prayer to quash the entire proceedings of Case No. 5973 of 2025 (State Vs. Priyanka Tripathi and others), arising out of Case Crime No. 97 of 2025, under Sections 308(2), 351(2) of B.N.S., P.S. Amroha, District Amroha as well as cognizance/summoning order dated 09.07.2025, pending in the Court of learned Chief Judicial Magistrate, Amroha. 3. It is contended by learned counsel for the applicant that the investigating officer has not conducted the just and proper investigation. It is further contended that the investigating officer has not recorded any cross question from the first informant as to from where the alleged compact disc regarding conversation between co-accused Priyanka Tripathi and the applicant was made available to him. It is further contended that there is no evidence against the applicant and the present prosecution is an abuse of the process of the Court. 4. Learned AGA has submitted that the defective investigation cannot be looked into at this stage and the learned Magistrate has rightly taken cognizance of the offence. 5. Contention raised by learned counsel for the applicant is mainly confined to the defective investigation conducted by the investigating officer. The applicant has failed to show any abuse of the process of law by the order impugned. 6. In view of the above, the application U/s 528 BNSS lacks merit and is liable to be dismissed. 7. Accordingly, the application U/s 528 BNSS is dismissed. September 11, 2025 RKM Versus Counsel for Applicant(s) : Santosh Kumar Gupta Counsel for Opposite Party(s) : G.A. (Jitendra Kumar Sinha,J.) Navin Saxena .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad