Babul Chandra Mondal vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Babul Chandra Mondal vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: further proceedings of criminal case No. 17140 of 2025 stayed against the applicant until further orders; notice issued to opposite party no. 2; 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 listed after eight weeks. Application not finally decided.

Issue for consideration

Whether the entire proceedings of criminal case No. 17140 of 2025 (arising out of case crime No. 320 of 2025, Police Station Phase 3, District Gautam Buddh Nagar) and the cognizance/summoning order dated 4.11.2025 passed by the Chief Judicial Magistrate, Gautam Buddh Nagar are liable to be quashed. +1 more

Court's answer

Notice to be issued to opposite party no. 2, returnable at an early date.

Ratio / Principle

Prima facie, the matter requires consideration (the challenge to the proceedings and the cognizance/summoning order merits examination).

Key takeaways

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.ratio¶18
The application is to be connected with Application U/S 528 BNSS No. 13836 of 2026 and listed after eight weeks.ratio¶19
Until further orders of the Court, further proceedings of criminal case No. 17140 of 2025 shall remain stayed against the applicant.ratio

Detailed headnote1 paragraphs

Interim order - Allahabad High Court (Sanjay Kumar Pachori, J.), Application U/S 528 BNSS No. 20035 of 2026, Babul Chandra Mondal v. State of U.P. and Another (May 15, 2026): the applicant sought quashing of the entire proceedings of criminal case No. 17140 of 2025 (arising out of case crime No. 320 of 2025, P.S. Phase 3, District Gautam Buddh Nagar), under Sections 204, 205, 318, 319, 336, 336(2), 338, 339, 3(5) of the B.N.S., Sections 66-C and 66-D of the Information Technology Act and Sections 3/4 of the Emblems and Names (Prevention of Improper Use) Act, 1950, as well as the cognizance/summoning order dated 4.11.2025 of the Chief Judicial Magistrate, Gautam Buddh Nagar. It was contended that cognizance under Sections 3/4 of the Emblems Act was taken without the previous sanction of the Central Government mandated by Section 6 of the Act, and that the FIR under Section 4 was lodged without following the procedure of sub-section (2) of Section 4 (reference of the question to the Central Government). The Court observed that prima facie the matter requires consideration, issued notice to opposite party no. 2, directed the A.G.A. and opposite party no. 2 to file counter affidavits within three weeks (rejoinder within one week), connected the matter with Application U/S 528 BNSS No. 13836 of 2026 and listed it after eight weeks, and stayed further proceedings of the case against the applicant until further orders.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 20035 of 2026

Babul Chandra Mondal

.....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 StationPhase 3, District Gautam Buddh Nagar as well as cognizance/summoning order dated 4.11.2025, 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 Sub-Inspector 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 cognizance under Section 3/4 of the

NA528 No. 20035 of 2026

2

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