Dismissed

Pradeep Kumar Alias Kaliya v. State of U.P. and Another

Allahabad HC14 Apr 2025NA528/12359/2025

Case brief

AI extract

What is this about?

Application under section 528 BNSS to quash a charge-sheet, cognizance/summoning order and proceedings in a Public Gambling Act case was heard; the court found no illegality in the impugned orders and dismissed the application.

What the court decided

AI extract

Pradeep Kumar Alias Kaliya Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:55103

¶2

Court No. - 74

¶3

Case :- APPLICATION U/S 528 BNSS No. - 12359 of 2025

¶4

Applicant :- Pradeep Kumar Alias Kaliya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶7

The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 21.02.2024, cognizance/summoning order dated 12.08.2024 passed by learned Judicial Magistrate-7th, Agra as well as the entire proceedings of Case No.15696 of 2024 (State vs. Manoj Parashar and Others) arising out of Case Crime No.0231 of 2023, under sections 3/4 of Public Gambling Act, 1867, P.S. Kheragarh, District- Agra, pending in the court of learned Judicial Magistrate-7th, Agra.

¶8

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.

¶9

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.

¶10

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.

¶11

In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed.

¶12

However, it is made clear that petitioner is hereby at liberty to avail all the remedies available at law.

¶13

Order Date :- 15.4.2025 Saif

¶14

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Pradeep Kumar Alias Kaliya v. State of U.P. and Another

Case brief

What is this about?

What the court decided

Pradeep Kumar Alias Kaliya v. State of U.P. and Another

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases