HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35575 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2.Present application has been preferred with prayer to quash charge sheet dated 02.05.2022, cognizance order dated 03.03.2025 as well as entire proceeding of Misc. Case no. 2378 of 2017 (State vs. Chhamman Khan) under Section 67 I.T. Act and section 292 of IPC, PS- Ushait, District Budaun. Further prayer has been made to quash order dated 18.07.2025 passed by learned Additional District Judge, Court no. 8, Budaun in Criminal Misc. Case no. 779 of 2025 (Chhamman Khan vs. State) and remand the Revisional Court to pass afresh order. 3. Learned counsel for applicant submitted that cognizance order has been passed against applicant on dated 03.03.2025 by learned court concerned in Case Crime no. 225 of 2017 under Section 67 of I.T. Act and 292 IPC, PS- Ushait, District Budaun. Being aggrieved with order dated 03.03.2025, applicant preferred criminal revision no. 779 of 2025 before learned court concerned but the same has been rejected vide impugned order dated 18.07.2025 on the ground of limitation vide order dated 18.07.2025 passed by learned Additional District Judge, Room no. 8, Budaun. 4. Innocuous prayer as pressed by learned counsel for applicant is that the Criminal Revision no. 779 of 2025 which has been preferred at the behest of the applicant has been decided on limitation and the same may be decided on merits, since the delay caused in filing the said revision is Versus Counsel for Applicant(s) : Tahir Husain Farooqui Counsel for Opposite Party(s) : G.A. Chhamman Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) owing to the fact that applicant was suffering from some ailment during that period but this fact has not been considered by learned court concerned while passing impugned order dated 18.7.2025. 5. Learned Sri Arvind Kumar, learned AGA, however vehemently opposed the prayer as made in the applicant and rebutted the entire stand taken up by learned counsel for the applicant and submitted that once the opportunity for preferring discharge has already been granted by this Court but the same has not been availed by applicant and as such there is hardly any cause of action arises in favour of the applicant to pursue instant application. 6. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that Criminal Revision no. 779 of 2025 preferred at the behest of applicant has not been decided on merits but the same has been decided on the ground of limitation. However, the reason for delay in filing Criminal Revision no. 779 of 2025 has been satisfactorily explained by learned counsel for applicant and as such impugned order dated 18.07.2025 passed by learned Additional District Judge, Room no. 8, Budaun is not sustainable and is hereby quashed and set aside. Learned Additional District Judge, Court no. 8, Budaun is directed to decide the Criminal Revision no. 779 of 2025 on merits afresh, after affording due opportunity of hearing to all concerned. It is also expected that the same shall be expedited with no delay so that the trial may not be hampered during pendency of the Criminal Revision no. 779 of 2025. 7. The instant application u/s 528 BNSS stands disposed of accordingly. September 23, 2025 Shaswat NA528 No. 35575 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad