Shyamapada Mal vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Shyamapada Mal 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 shall remain stayed against the applicant until further orders of the Court. Notice issued to opposite party no. 2 returnable at an early date; learned A.G.A. accepted notice for opposite party no. 1; counter affidavits within three weeks, rejoinder affidavit within one week thereafter; application connected with Application U/S 528 BNSS Nos. 13836 of 2026 and 15667 of 2026 and to be listed after eight weeks. Final disposal of the quashing application is pending.

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 4.11.2025 passed by the Chief Judicial Magistrate, Gautam Buddh Nagar, are liable to be quashed. +1 more

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

Until further orders of this Court, further proceedings of Criminal Case No. 17140 of 2025 shall remain stayed against the applicant; notice was issued to opposite party no. 2, with counter affidavits permitted within three weeks and rejoinder within one week thereafter, and the matter connected with Applications U/S 528 BNSS Nos. 13836 of 2026 and 15667 of 2026 and listed after eight weeks.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), May 18, 2026 — Interim order in Application U/S 528 BNSS No. 20303 of 2026 filed by Shyamapada Mal seeking 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 B.N.S., 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, as well as the cognizance/summoning order dated 4.11.2025 of the Chief Judicial Magistrate, Gautam Buddh Nagar. Applicant's contentions: FIR dated 10.8.2025 lodged on false and frivolous allegations with ulterior motive after recovery of articles and arrest of the applicant and five others; applicant runs an NGO (International Police and Crime Investigation Bureau) registered on 27.2.2025 under the Societies Registration Act; cognizance under Sections 3/4 of the Emblems Act was taken contrary to Section 6 of the Act, which mandates previous sanction of the Central Government, and without the reference procedure of sub-section (2) of Section 4; no pre-summoning evidence. Held: prima facie the matter requires consideration; notice issued to opposite party no. 2; counter affidavits within three weeks and rejoinder within one week thereafter; matter connected with Applications U/S 528 BNSS Nos. 13836 of 2026 and 15667 of 2026 and listed after eight weeks; until further orders, further proceedings of the case shall remain stayed against the applicant.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 20303 of 2026

Shyamapada Mal

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Ajeet Sharma
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Ajeet Sharma, learned counsel for the applicant and Shri A.K. Rai, learned A.G.A. 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 4.11.2025, pending in the court of Chief Judicial Magistrate, Gautam Buddh Nagar.

Learned Senior 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 Emblems and Names

NA528 No. 20303 of 2026

2

(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 Nos. 13836 of 2026 and 15667 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 18, 2026

MAA/-

(Sanjay Kumar Pachori,J.)

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