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2025 DAILYLAW 94624 (ALL)

DEVESH THAKUR ALIAS NEETU THAKUR v. STATE OF U.P. AND ANOTHER

NA528/34680/2025 · 2025-09-10

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34680 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 05.11.2023, cognizance/summoning order dated 20.01.2024 and the entire proceedings of Criminal Case No.2279 of 2024 (State vs. Devesh Kumar @ Neetu Thakur) arising out of Case Crime No.0460 of 2023, under sections 506, 354Gha I.P.C. and section 67a of I.T. Act, P.S. Katghar, District- Moradabad, pending in the court of learned Chief Judicial Magistrate, Moradabad. 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 and cognizance/summoning 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. Versus Counsel for Applicant(s) : Diwakar Mishra, Kumar Ankit Srivastava Counsel for Opposite Party(s) : G.A. Devesh Thakur Alias Neetu Thakur .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that the instant application is lacking merit in respect for quashing the entire proceedings arising out of Case Crime No.460 of 2023 and as such there is hardly any grounds which are convincing for quashing of the entire proceedings. 6. The instant application under section 528 BNSS stands dismissed accordingly. September 11, 2025 Saif NA528 No. 34680 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad