Saroj Devi and Another v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 38129 of 2026

Saroj Devi And Another

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Girja Shankar Prajapati
Counsel for Opposite Party(s)	: G.A.
Court No.- 79

HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for the applicants and learned AGA for the State.

1. The present application has been preferred for seeking quashing of charge-sheet dated 20.08.2025 along with cognizance/summoning order dated 08.04.2026 as well as entire proceedings of Criminal Case No.6299 of 2026 (State vs. Pramod and Another) arising out of Case Crime No.246 of 2025, under Sections 352, 351(2) BNS, P.S. Thariyaon, District- Fatehpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No.2, Fatehpur.

1. Learned counsel for applicants has made only one submission before the Court that offences under Sections 352, 351(2) BNS are non-cognizable and in view of the explanation to Section 2(1)h BNSS , the charge sheet filed by the Investigating Officer concerned cannot proceed as a police case and the same is liable to be proceeded with as a complaint case. In support of his submission, learned counsel of applicants has placed reliance upon the judgments passed in the case of Shakila Bano and others Vs. State of U.P. and another, 2008 (61) ACC 636 .