Prince Viliyam vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 15600 of 2025

Prince Viliyam

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: J.B. Singh
Counsel for Opposite Party(s)		: G.A.

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Court No. - 77

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HON'BLE SAURABH SRIVASTAVA, J.

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

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This application has been filed by the applicant to quash the entire criminal proceeding in Criminal Case no. 199 of 2025 (State vs. Prince Viliyam and others) including the charge sheet dated 24.11.2024 and summoning order dated 18.01.2025 passed by learned Additional Civil Judge (S.D)-II/ACJM, Gautam Budh Nagar arising out of Case Crime No.408 of 2024 under Sections 381, 420, 467, 468, 471 IPC, Police Station Phasi-1, District Gautam Budh Nagar.

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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.

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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.

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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.

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In view of above, the prayer as made through instant application under Section 528 BNSS is refused and the same is hereby dismissed .

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NA528 No. 15600 of 2025

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2

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At the last learned counsel for the applicant prayed that he may be permitted to appear before learned trial court.

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Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to B.W order dated 28.02.2025 within 15 days from today.

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For a period of 15 days from today, no coercive action shall be taken against the applicant. After the expiry of aforesaid period of 15 days, learned concerned court is directed to proceed as per law.

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It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

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(Saurabh Srivastava,J.)

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October 28, 2025

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Rakesh

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Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad

Prince Viliyam v. State of U.P. and Another

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Prince Viliyam v. State of U.P. and Another

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