Nikhil Pandey and Another v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39305 of 2026

Nikhil Pandey And Another

.....Applicant(s)

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

Court No. - 79

HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicant and learned A.G.A. for the State.

1. Present application has been preferred with the prayer to quash the charge-sheet dated 05.09.2025 and cognizance/summoning order dated 01.08.2026 as well as entire proceedings of Criminal Case No.37266 of 2026 (State vs. Satya Prakash Pandey and others) arising out of Case Crime No.70 of 2025, under Sections 316(2), 318(4), 131, 351(3) BNS, P.S. Bardah, District Azamgarh, pending before court of Judicial Magistrate, Court No.16, Azamgarh.

1. Learned counsel appearing on behalf of applicant has challenged the impugned charge-sheet along with cognizance/summoning order and entire proceedings of the present case precisely on the ground that Sections 316(2), 318(4) BNS cannot go together in the same breath as per the proposition of law settled by Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. and others vs. State of Uttar Pradesh and another reported in 2024 10 SCC 690 . The relevant portion of the said judgment is being reproduced hereinbelow:-