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2025 DAILYLAW 93228 (ALL)

JHABBU ALIAS HARIOM v. STATE OF U.P. AND ANOTHER

NA528/34774/2025 · 2025-09-10

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34774 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 under section 528 BNSS has been preferred to quash the charge-sheet no.40 of 2025 dated 02.04.2025, cognizance order dated 07.07.2025 and the entire proceedings arising out of Case Crime No.129 of 2024, under sections 3/7 of E.C. Act, P.S. Kheragarh, District- Agra, pending in the court of learned Additional Chief Judicial Magistrate- Ist, Agra. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet as well as cognizance order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the arguments whatsoever has been raised by learned counsel for applicant is amenable before learned trial court, which is specifically on the basis of statements so recorded by prosecution witnesses and the material evidences, which has been collected during the course of investigation and as such prima-facie offence has been made out against the applicant. 5. After hearing rival submissions extended by learned counsel for the Versus Counsel for Applicant(s) : Mohammad Khalid Counsel for Opposite Party(s) : G.A. Jhabbu Alias Hariom .....Applicant(s) State of U.P. and Another .....Opposite Party(s) parties and by bare perusal of record, this Court finds that there are none of the grounds which are convincing for quashing the entire proceedings of above-mentioned case. 6. The instant application under section 528 BNSS stands dismissed accordingly. September 11, 2025 Saif NA528 No. 34774 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad