Anil Kumar Maurya vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Anil Kumar Maurya vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: further proceedings of Criminal Case No. 17140 of 2025 stayed against the applicant until further orders; notice issued to opposite party no. 2 returnable at an early date; counter affidavits within three weeks and rejoinder affidavit within one week thereafter; matter connected with Application U/S 528 BNSS No. 13836 of 2026 and to be listed after eight weeks. Final quashing prayer not decided.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 17140 of 2025 (arising out of Case Crime No. 320 of 2025) and the cognizance/summoning order dated 10.02.2026 of the Chief Judicial Magistrate, Gautam Buddh Nagar should be quashed. +3 more

Court's answer

At the admission stage the Court found that, prima facie, the matter requires consideration, forming the basis for issuance of notice to opposite party no. 2 and calling of counter and rejoinder affidavits.

Ratio / Principle

As an interim measure, until further orders of the Court, further proceedings of the criminal case arising out of Case Crime No. 320 of 2025 shall remain stayed against the applicant.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), order dated May 15, 2026 in Application U/S 528 BNSS No. 20017 of 2026 (Anil Kumar Maurya v. State of U.P. and Another). Applicant sought quashing of the entire proceedings of Criminal Case No. 17140 of 2025, arising out of Case Crime No. 320 of 2025 (PS Phase 3, District Gautam Buddh Nagar) under Sections 204, 205, 318, 319, 336, 336(2), 338, 339, 3(5) BNS, Sections 66-C, 66-D of the Information Technology Act and Sections 3/4 of the Emblems and Names (Prevention of Improper Use) Act, 1950, together with the cognizance/summoning order dated 10.02.2026 of the Chief Judicial Magistrate, Gautam Buddh Nagar. It was contended that cognizance under Sections 3/4 of the Emblems and Names Act was taken contrary to Section 6 of the Act (which requires previous sanction of the Central Government), that the FIR under Section 4 was lodged without following sub-section (2) of Section 4 (reference of the question to the Central Government), and that no pre-summoning evidence existed against the applicant, who claimed to run an NGO registered under the Societies Registration Act on 27.2.2025. Finding prima facie that the matter requires consideration, the Court issued notice to opposite party no. 2, directed counter affidavits within three weeks and rejoinder within one week, connected the matter with Application U/S 528 BNSS No. 13836 of 2026 with listing after eight weeks, and stayed further proceedings against the applicant until further orders. Interim order; merits left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 20017 of 2026

Anil Kumar Maurya

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Prakhar Saran Srivastava
Counsel for Opposite Party(s)	:	G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Prakhar Saran, learned counsel for the applicant and Shri Rahul Pandey, learned brief holder for the State.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of criminal case No. 17140 of 2025, arising out of case crime No. 320 of 2025, under Sections 204, 205, 318, 319, 336, 336(2), 338, 339, 3(5) of B.N.S., Section 66-C, 66-D of Information Technology Act and Sections 3/4 of Emblems and Names (Prevention of Improper Use) Act, 1950, Police Station- Phase 3, District Gautam Buddh Nagar as well as cognizance/summoning order dated 10.02.2026, pending in the court of Chief Judicial Magistrate, Gautam Buddh Nagar.

Learned counsel for the applicant submits that the first information report dated 10.8.2025 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that impugned F.I.R. has been lodged by SubInspector of Police after recovery of mobile phones, stamp seals, cheque books, ID cards, Pan card, Voter ID card, ATM cards, CPU, ID cards of Investigation Police and Crime Investigation Bureau, one board and some cash along with arrest of present applicant and other 5 persons. It is further submitted that applicant registered an NGO namely, International Police and Crime Investigation Bureau under Societies Registration Act on 27.2.2025 and runs office of NGO. It is further submitted that

NA528 No. 20017 of 2026

2

cognizance under Section 3/4 of the Emblems and Names (Prevention of Improper Use) Act, 1950 has been taken against the provision of Section 6 of the Act wherein it is provided that no prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Central Government or of any officer authorized in this behalf by general or special order of the Central Government.

It is further submitted that the cognizance has been taken without any sanction against the applicant. It is further submitted that impugned F.I.R. has been lodged for the offence punishable under Section 4 of the Act without following procedure of sub-section 2 of Section 4 of the Act i.e. without referring the question to the Central Government. It is further submitted that there is no other pre-summoning evidence with regard to offence, as alleged, against the applicant.

Prima facie, matter requires consideration.

Learned A.G.A. has accepted notice on behalf of opposite party No. 1.

Issue notice to opposite party no.2 returnable at an early date.

Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may be filed within one week thereafter.

Connect with Application U/S 528 BNSS No. 13836 of 2026 and list after eight weeks.

Until further orders of this Court, further proceedings of the aforesaid case shall remain stayed against the applicant.

May 15, 2026

MAA/-

(Sanjay Kumar Pachori,J.)

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad