Jugendra and Another v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 38175 of 2026

Jugendra And Another

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Brajesh Kumar Singh, Ratan Singh : 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 22.03.2025 along with cognizance/summoning order dated 04.12.2025 as well as entire proceedings of Criminal Case No.3202 of 2025 (State vs. Jugendra and Another) arising out of Case Crime No.31 of 2025, under Sections 115(2), 352, 351(3) BNS, P.S. Sunnagarhi, DistrictKasganj, pending in the court of learned Additional Chief Judicial Magistrate, Kasganj.

1. Learned counsel for applicants has made only one submission before the Court that offences under Sections 115(2), 352, 351(3) BNS are noncognizable 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 .