Allahabad High Court
Rinku Alias Rinkesh vs State Of U.P. And 3 Others on 25 April, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:64194 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14128 of 2025 Applicant :- Rinku Alias Rinkesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anita Gupta,Raj Kumar Vaishya Counsel for Opposite Party :- G.A. 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 no.120 of 2024 dated 08.05.2024, cognizance/summoning order dated 21.10.2024 and the entire proceedings of Special Session Trial No.1085 of 2024 (State vs. Rinku @ Rinkesh) arising out of Case Crime No.139 of 2024, under sections 354, 323, 504 I.P.C. and sections 7/8 of POCSO Act, P.S. Madhotanda, District- Pilibhit, pending in the court of learned Special Judge (POCSO Act), Pilibhit.
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 submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant.
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 and prima-facie offence has been made out against the applicant.
6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed.
Order Date :- 25.4.2025 Saif