528 BNSS No. - 41201 of 2025 Ritesh State of U.P & Anr. v. Priyanshu Singh) arising out of Case Crime No. 175 of 2019

#1. Sri Saroj Kumar Dubey, learned counsel for the applicant and Sri B.N. Upadhaya, learned A.G.A. for the State and perused the material on record.

#2. The present application u/s 528 B.N.S.S. has been filed with prayer to quash the entire proceedings of S.S.T. No. 74 of 2019 (State Vs. Priyanshu Singh) arising out of Case Crime No. 175 of 2019, under Sections 414 of I.P.C., P.S. Piluwa, District Etah, as well as cognizance/summoning order dated 04.09.2019 pending in the Court of Special Judge, ( D.A.A.), Etah.

#3. Learned counsel for the applicant submits that first informant report dated 10.07.2019 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant.

#4. Learned counsel for the applicants further submits that charge sheet has not been filed under Sections 102, 41 of Cr.P.C. in which FIR was also lodged. The offence punishable under Section 414 I.P.C. has been added during the trial. There is no pre-summoing evidence to constitute the offence punishable under Section 414 of I.P.C. against the applicant.

#5. Prima facie, matter requires consideration.

#6. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. 2 NA528 No. 41201 of 2025

#7. Issue notice to opposite party no. 2 through C.J.M. concerned, returnable at an early date.

#8. Learned counsel for the opposite party no. 2 may file his counter affidavit within three weeks.

#9. Rejoinder affidavit may thereafter be filed within one week.

#10. List this case after eight weeks.

#11. Until further orders, further proceedings of aforesaid case shall remain stayed against the applicant. December 16, 2025 Imtiyaz (Sanjay Kumar Pachori,J.)