Allahabad High Court
NA528/36579/2026 of ABHISHEK SONI Vs STATE OF U.P. AND ANOTHER on 4 October 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36579 of 2026 Court No. - 73 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application has been filed for quashing of the proceedings arising out of
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36579 of 2026
Court No. - 73
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application has been filed for quashing of the proceedings arising out of Case Crime No. 14 of 2025 under Sections 319(2), 318(4) B.N.S. and Section 66C, 66D, 84C of I.T. Act 2008, Police Station Cyber Crime, District Prayagraj pending before learned Additional Chief Judicial Magistrate, Court No.5, District Prayagraj and also to quash the charge sheet dated 09.08.2025 filed in the aforesaid case and also to quash the cognizance/summoning order dated 19.03.2026 passed in the aforesaid case.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. Submission is that the malafides which motivated the opposite party have been emphasized and several submissions in order to expose the falsity of the allegations have been made. Further submission is that malafides behind the prosecution are apparent on the face of record and if the proceedings against the applicant is allowed to go on, it will result in the abuse of court's process. Learned counsel for the applicant therefore submits, no prosecution could lie against the applicant, in such circumstances. He further submits that the applicant has already been enlarged on bail.
4. On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicants.
5. This Court in e of its power under section 528 of B.N.S.S., is not required to assess the correctness of the allegation and the reliability of Versus Counsel for Applicant(s) : Abhijat Awasthi, Satyendra Narayan Singh Counsel for Opposite Party(s) : G.A. Abhishek Soni .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.
6. The application lacks merit and is dismissed.
October 5, 2026 S.Ali NA528 No. 36579 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad