Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35846 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 01.09.2024, cognizance/summoning 22.01.2025 as well as the entire proceedings of Case No.906 of 2025 (State vs. Nishant @ Nikki) arising out of Case Crime No.477 of 2024, under section 307 I.P.C. and sections 3/25/27 of Arms Act, P.S. Kotwali Shahr, District- Bulandshahr, pending in the court of learned Chief Judicial Magistrate- Ist, Rampur.
3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record on the basis of which, applicat has already been bailed out; 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/summoning order 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. Versus Counsel for Applicant(s) : Mohammad Zakir Counsel for Opposite Party(s) : G.A. Nishant Alias Nikki .....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.477 of 2024 and as such there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.
6. The instant application under section 528 BNSS stands dismissed accordingly. September 17, 2025 Saif NA528 No. 35846 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad