Rampher vs State of U.P. and Another

Learned counsel for the applicants submits the present application has been filed under Section 528 of BNSS with the relief which has been mentioned in the prayer clause of the application. The prayer clause is being delineated below: -

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash to the entire proceeding of the Criminal Misc. Case No. 23 of 2026 (State Versus Sameem Ahamad and others), arising out of Case Crime No.0024 of 2025, under sections-316 (2), 319(2), 318(4) of B.N.S. 2023, Police Station-Bilariyaganj, District-Azamgarh, as well as the charge sheet dated 17.08.2025 as well as cognizance order dated

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NA528 No. - 5325 of 2026

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02.01.2026 passed by Additional Chief Judicial Magistrate, Court No. 11, Azamgarh.

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It is further prayed that this Hon'ble Court may also be pleased to stay the further proceeding of the Criminal Misc. Case No. 23 of 2026 (State Versus Sameem Ahamad and others), arising out of Case Crime No.0024 of 2025, under sections-316 (2), 319(2), 318 (4) of B.N.S.S. 2023, Police Station-Bilariyaganj, District-Azamgarh,"

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Learned counsel for the applicant submits that the only allegation against the applicant is that, on the persuasion of the applicant, the opposite party no.2 transferred certain amounts for the purpose of obtaining an air ticket as well as a visa for securing employment in a foreign country. It is further submitted that even if the entire allegations are taken at their face value, no offence under Section 316(2) of the Bharatiya Nyaya Sanhita, 2023 relating to criminal breach of trust is made out against the applicant.

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Per contra, learned State Law Officer submits that he may be permitted to obtain instructions as to whether the Investigating Officer has taken any action under Sections 106 and 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as the poor villagers have allegedly been cheated and forgery has also been committed against them by providing forged air tickets as well as visas. It is further submitted that such acts may also attract the provisions of Sections 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023. He further submits that although the informant was allegedly provided forged air ticket and visa for the purpose of employment in a foreign country, the Investigating Officer has submitted charge-sheet only under Sections 316(2), 319(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, and the learned Judicial Magistrate has taken cognizance under the said provisions vide order dated 02.01.2026. The relevant page of the charge-sheet and cognizance-cum-summoning order is being pasted below:-

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NA528 No. - 5325 of 2026

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NA528 No. - 5325 of 2026

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Having regard to the rival submissions and the nature of allegations noticed herein above, it is well settled that an offence is essentially an offence against the State. In such circumstances, it is the duty of the State that the matter should be properly investigated and scrutinized in accordance with law. This Court also observes that the Investigating Officer is under obligation of law to investigate the matter as per the provision of BNSS and U.P. Police Regulation.

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Accordingly, the Senior Superintendent of Police, Azamgarh is directed to go through the entire record of the case and submit a report as to whether the investigation in the present matter has been conducted properly by the Investigating Officer and whether the same has been duly forwarded by the concerned Circle Officer and scrutinized by the prosecuting officer in terms of paragraph 122 of the U.P. Police Regulations, particularly in view of the allegations relating to cheating

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NA528 No. - 5325 of 2026

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and preparation of forged air tickets and visas for the purpose of sending persons abroad for employment. The paragraph No.122 of U.P. Police Regulation is delineated below:-

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"122. (i) An investigation should be completed as soon as possible and when complete the investigating officer must comply with the provisions of Section 161-171 and 173 of the Code of Criminal Procedure, 1973 (2 of 1974). The report prescribed by Section 173 must under that section be submitted by the officer in charge of the police station under intimation to the Superintendent of Police and should be in the form of chargesheet (Police Form No. 339), if the case is sent for trial and in the form of final report (Police Form No. 340), if the case is not sent for trial. The charge-sheet with the final diary in the cases shall be submitted to the Court through the Circle Officer and the Public Prosecutor and should reach the Court within four weeks of the date of lodging of the first information report in summons and warrants cases and eight weeks in Sessions cases. None of the Circle Officer and the Public Prosecutor should normally retain the charge-sheet for more than a week and the latter should submit it to the Court concerned within the time-limit prescribed. The prescribed time-limit should not be allowed to exceed except for very special reasons.

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(ii) As soon as possible but in any case not later than a month of the expiry of each quarter, the Superintendent of Police shall submit to the District Magistrate, in the prescribed form and in duplicate, a quarterly list of cases in which charge-sheet could not be submitted within the prescribed time-limit of 4/8 weeks. The District Magistrate will forward it to the Range Deputy Inspector General of Police endorsing the other copy with his comments to the Commissioner of the Division. The Range Deputy Inspector General of Police will thereupon compile in the prescribed form, a statement of delayed cases and submit it to the Inspector General of Police who will forward the same to Government in Home Department (Police A) with his comments.

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(iii) The final report must in all cases be submitted through the Superintendent of Police.

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(iv) The information as the result of investigation must, as required by Section 173 (i) (b), Criminal Procedure Code, 1973 (2 of 1974) be sent by the officer in charge of the police station to the complainant if any in Police Form No. 47, at the time he submits the charge-sheet or the final report, as the case may be."

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The aforesaid exercise shall be undertaken in the backdrop of the fact that, despite the allegations that the informant was allegedly provided forged air ticket and visa, the Investigating Officer has submitted charge-sheet only under Sections 316(2), 319(2) and 318(4) of

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NA528 No. - 5325 of 2026

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the Bharatiya Nyaya Sanhita, 2023, upon which cognizance has been taken by the learned Judicial Magistrate vide order dated 02.01.2026.

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List this case as fresh on 20.3.2026.

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Sri Manish Kumar Yadav, learned State Law Officer is directed to communicate this order to the Senior Superintendent of Police, Azamgarh for obtaining report from the S.S.P. Azamgarh within time.

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(Praveen Kumar Giri,J.)

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March 09, 2026 DKS

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Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad

Rampher v. State of U.P. and Another

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Rampher v. State of U.P. and Another

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