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2025 DAILYLAW 93571 (ALL)

RAHUL SHUKLA ALIAS SURAJ SHUKLA v. STATE OF U.P. AND ANOTHER

NA528/37249/2025 · 2025-09-23

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37249 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 05.09.2021 as well as entire criminal proceedings arising out of Case Crime No.173 of 2021 (State vs. Ajay Vishwakarma and Others) under section 420 I.P.C. and section 3 of Pandemic Act, 1897, P.S. Kotwali, District- Prayagraj, pending in the court of learned Chief Judicial Magistrate, Allahabad. 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 is 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) : Krishna Kumar Shukla, Rohit Singh Counsel for Opposite Party(s) : G.A. Rahul Shukla Alias Suraj Shukla .....Applicant(s) State of U.P. and Another .....Opposite Party(s) parties and by bare perusal of record, this Court finds that none of the grounds are convincing for seeking quashing of entire proceedings arising out of Case Crime No.173 of 2021 and as such the instant application lacks merit. 6. The instant application under section 528 BNSS stands dismissed accordingly. September 24, 2025 Saif NA528 No. 37249 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad