Dismissed¶13

Kundan Kumar and 2 Others v. State of U.P. and Another

Allahabad HC8 Sept 2025NA528/6859/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Saurabh Srivastava, J., 09.09.2025) dismissed a quashing petition by Kundan Kumar and 2 others challenging the chargesheet dated 14.10.2024 and cognizance/summoning order dated 29.10.2024 in Criminal Case No.14845 of 2024 (State vs. Bhudev Mandal and others), arising out of Case Crime No.495 of 2021 under Sections 419, 420, 467, 468, 471 IPC and 66C IT Act, P.S. Pilkhuwana, District Hapur; no illegality or impropriety found in the charge-sheet or summoning order; applicants left free to pursue other legal remedies.

What did the court decide?

None of the grounds for quashing are available; there is no illegality or impropriety in the impugned charge-sheet and cognizance/summoning order, and the court concerned has rightly proceeded against the applicants. ¶12

Kundan Kumar and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6859 of 2025

¶2

Kundan Kumar And 2 Others		.....Applicant(s)
	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Ashwini Kumar Ojha
Counsel for Opposite Party(s)		: G.A.

¶3

Court No. - 77

¶4

HON'BLE SAURABH SRIVASTAVA, J.

¶5

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

¶6

This application has been filed by the applicant to quash the entire proceedings of Criminal Case No.14845 of 2024 (State vs. Bhudev Mandal and others) based on impugned chargesheet dated 14.10.2024 arising out of Case Crime No.495 of 2021 under Sections 419, 420, 467, 468, 471 IPC and 66C IT Act, Police Station Pilkhuwana, District Hapur pending in the court of Chief Judicial Magistrate, Hapur including the cognizance order dated 29.10.2024 by which the applicants have been summoned to face trial.

¶7

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 applicants 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.

¶8

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 applicants is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicants upon which learned court concerned has rightly taken cognizance and summoned the applicants.

¶9

After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it appears that none of grounds are available for quashing of the entire proceedings there appears to be no illegality and

¶10

NA528 No. 6859 of 2025

¶11

¶12

impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicants.

¶13