HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34391 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for the State- respondent. 2. The present application has been preferred challenging the entire criminal proceedings of Case No.3256 of 2021 (State Vs. Anwar and others), arising out of cognizance order dated 09.11.2021 taken over chagesheet no.06/2021 dated 09.11.2021 submitted in Case Crime No.04 of 2020, under Section 419, 420, 120-B IPC and Section 66 of I.T. Act, P.S. Cyber Crime Police Thana Prayagraj, District Prayagraj, pending before learned Additional Chief Judicial Magistrate-5, Prayagraj. 3. Learned counsel for applicant has argued that applicant was not named in the FIR and her name was surfaced during investigation on the ground that Rs.24,999/- has also been deposited in the account pertains to applicant. Learned counsel for applicant has also submitted that applicant has no concern with the present case and she is totally unaware about the loss caused to the informant. Learned counsel for applicant has further submitted that when it was came into knowledge of applicant that said amount has been transferred in her account, she immediately returned the said amount to the informant by way of depositing in his account. Learned counsel for applicant has also submitted that there is only allegation against applicant that the said amount has been deposited in her account which has also been returned to the informant and as such, there is hardly any ground available before prosecution to initiate proceedings against applicant and more so, except the present case, there is no any other criminal history pertains to her. It has also been submitted by learned counsel for applicant that applicant is a widow lady and was working as Anganwadi worker. Versus Counsel for Applicant(s) : Manoj Kumar Pandey, Vipul Kumar Dubey Counsel for Opposite Party(s) : G.A. Vina Rai .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Per contra, learned AGA has vehemently opposed the prayer as made in the application but did not dispute the fact that the amount which was credited in the account of applicant, has already been returned to the informant by her. 5. Having heard learned counsel for applicant as well as learned AGA and upon perusal of the record, this Court finds that the only allegation against the applicant is that a sum of Rs.24,999/- was credited in her bank account. The undisputed fact remains that as soon as the applicant became aware of the said transaction, she immediately refunded the amount to the informant. Beyond this, no material has been brought on record to demonstrate that the applicant had any active participation or dishonest intention in the alleged occurrence. It is also not in dispute that the applicant has no criminal antecedents and is a widow working as an Anganwadi worker. 6. In view of these circumstances, the continuation of criminal proceedings against her, would be nothing but an abuse of the process of law and as such, entire criminal proceedings of Case No.3256 of 2021 (State Vs. Anwar and others), arising out of cognizance order dated 09.11.2021 taken over chagesheet no.06/2021 dated 09.11.2021 submitted in Case Crime No.04 of 2020, under Section 419, 420, 120-B IPC and Section 66 of I.T. Act, P.S. Cyber Crime Police Thana Prayagraj, District Prayagraj, pending before learned Additional Chief Judicial Magistrate-5, Prayagraj, is hereby quashed qua applicant herein. 7. However, it is made clear that this order shall not be taken as a precedent for any purpose whatsoever. 8. Accordingly, the instant application stands allowed. September 24, 2025 Vivek Kr. NA528 No. 34391 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad