Chanu and 3 Others v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39141 of 2026

Chanu And 3 Others

.....Applicant(s)

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

Court No. - 79

HON'BLE SAURABH SRIVASTAVA, J.

1. This matter is being taken up out of turn from the category of cases which have been mentioned in the morning on account of urgency. Heard learned counsel for parties.

1. The present application has been preferred for seeking quashing of charge sheet dated 12.5.2025 and cognizance order dated 27.8.2025 passed by learned Chief Judicial Magistrate, Bhadohi as well as entire proceeding of Case no. 19050 of 2025 (State vs. Chanu and others) arising out of Case Crime no. 195 of 2025 under sections 115(2), 352, 351(2) BNS, PSGopiganj, District Bhadohi at Gyanpur.

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