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2025 DAILYLAW 97531 (ALL)

AJAY KUMAR v. STATE OF U.P. AND ANOTHER

NA528/35791/2025 · 2025-09-16

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35791 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 24.05.2025, cognizance/summoning order dated 12.06.2025 as well as the entire proceedings of Case No.7975 of 2025 (State vs. Ajay Kumar) arising out of Case Crime No.331 of 2025, under section 67A of I.T. Act, P.S. Majhola, 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 it is the applicant only who somehow managed to take some photos of the daughter of informant and thereafter when the informant tried to fix the marriage of his daughter, the applicant started blackmailing them and sent the said photos on account of which the marriage could not took place. It is further submitted that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant. Versus Counsel for Applicant(s) : Rahul Counsel for Opposite Party(s) : G.A. Ajay Kumar .....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, 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. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. September 17, 2025 Saif NA528 No. 35791 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad