HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33760 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Manish Yadav, learned counsel for the applicant and Sri B. P. Singh, learned AGA for the State-opposite party no.1. 2. This application u/s 528 BNSS has been preferred with prayer to quash the charge sheet dated 18.07.2025 alongwith cognizance order dated 19.07.2025, passed by the learned Chief Judicial Magistrate, Firozabad, as well as entire criminal proceeding of Case No.24180 of 2025 (State Vs. Aman Sharma @ Pandit and others), arising out of Case Crime No.503 of 2025, under sections 109(1), 352, B.N.S., Police Station Firozabad South, District Firozabad, pending in the court of learned Chief Judicial Magistrate, Firozabad. 3. It is contended by learned counsel for the applicant that present prosecution of the applicant is an abuse of the process of the Court, as the applicant has been implicated in the false case of police encounter. It is further contended by learned counsel for the applicant that the name of the applicant transpires in the present case in the confessional statement of the co-accused. 4. On the other hand, learned A.G.A. for the State has opposed the above submissions made by learned counsel for the applicant and submitted that a detailed analysis of the material collected during the investigation, cannot be Versus Counsel for Applicant(s) : Manish Yadav Counsel for Opposite Party(s) : G.A. Dileep Yadav Alias Peetar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) done at the stage of taking cognizance. He further submits that the applicant has failed to show that the present prosecution against the applicant is an abuse of the process of the Court. 5. A first information report has been lodged against nine accused persons including the applicant, for the offence under sections 109, 352 of B.N.S., and section 3/25/27 of Arms Act. As per the FIR three accused persons have been arrested and on their statements the name of the other six accused persons including the applicant are being said to have been mentioned in the FIR. After completion of the investigation the charge sheet has been submitted against the applicant and the learned Magistrate has taken cognizance by the order impugned. The applicant has failed to show that the present prosecution against the applicant is an abuse of the process of the Court. 6. In view of the aforesaid submissions advanced by learned counsel for the parties, this Court is of the opinion that the present application lacks merits and is liable to be dismissed. 7. Accordingly, the present application is hereby dismissed. September 4, 2025 VKG NA528 No. 33760 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad