Radha Krishna Gupta and 2 Others v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39211 of 2026

Radha Krishna Gupta And 2 Others

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Kushagra Chauhan, Sandhya Mishra : 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 19.6.2025 and cognizance order dated 8.9.2025 passed by learned Chief Judicial Magistrate, Court no. 14, Shahjahanpur as well as entire proceeding of Case Crime no. 0257 of 2025 under sections 115(2), 352, 351(3) BNS, PS- Sadar Bazar, District Shahjahanpur.

1. Learned counsel for applicant 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 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.