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2025 DAILYLAW 99508 (ALL)

KULWANT SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/37423/2025 · 2025-09-24

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37423 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants 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 15.04.2025 along with cognizance/summoning order dated 15.05.2025 as well as the entire proceedings of Case No.6735 of 2025 (State vs. Narendra Pandey & Others) arising out of Case Crime No.67 of 2025, under sections 318(4), 338, 336(3), 340(2), 61(2) BNS and section 66D of I.T. Act, P.S. Puranpur, District- Pilibhit, pending in the court of learned Chief Judicial Magistrate, Pilibhit. 3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants 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 applicants 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 applicants by way of submitting that the arguments whatsoever has been raised by learned counsel for applicants has to be examined before learned trial court and as such prima-facie offence has been made out against the applicants. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds no ground for seeking Versus Counsel for Applicant(s) : Manoj Pathak Counsel for Opposite Party(s) : G.A. Kulwant Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) quashing of entire proceedings arising out of Case Crime No.67 of 2025. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. 7. However, the applicants will be at liberty to avail all the other legal remedies available at law. September 25, 2025 Saif NA528 No. 37423 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad