Hasmukh vs State Of U.P And Another on 4 November, 2025

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Allahabad High Court

Hasmukh vs State Of U.P And Another on 4 November, 2025

Bench: Vivek Kumar Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:193818
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 39106 of 2025   
 
   Hasmukh    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Mohd Qasim   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 78
 
   
 
 HON'BLE VIVEK KUMAR SINGH, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. Present application has been filed by the applicant to quash the entire proceedings of Case No.4633 of 2024 (State vs. Hasmukh), Chargesheet dated 27.06.2023, arising out of Case Crime No.370 of 2023, under Section 60 of Excise Act, Police Station Kotwali Nagar, District Bulandhshar as well as Cognizance/summoning order dated 12.03.2024 pending in the Court of Chief Judicial Magistrate, Bulandhshar.

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 AGA 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 averments whatsoever has been raised by learned counsel for applicant is subject matter of trial 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 to be 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.

(Vivek Kumar Singh,J.) November 4, 2025 Nitendra

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