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Allahabad High Court

VAISH KHANversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 BNSS is refused as no ground for interference is found.

Summary

The applicant, Vaish Khan, filed an application under Section 528 of the BNSS seeking to quash a notice dated 27.05.2026 issued under Section 130 of the BNSS by the City/Executive Magistrate, Mirzapur, in criminal case No.33 of 2026 (State vs. Vaish Khan) under Section 129G of the BNSS. The High Court examined the FIR, the impugned notice, the charge‑sheet and the entire criminal proceedings and concluded that no ground existed for its interference. Consequently, the court refused the prayer to set aside the notice and the proceedings. However, the court permitted the applicant to file an objection to the notice before the City Magistrate within fifteen days, to be decided expeditiously. The application was therefore disposed of.

Issues considered

  • Whether the High Court can quash the notice issued under Section 130 BNSS and the ensuing criminal proceedings on the basis of the applicant's application under Section 528 BNSS.

Legislation cited

Subjects

  • criminal procedure
  • quash of notice
  • Section 528 BNSS
  • Section 130 BNSS
  • High Court
  • application
  • objection

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 528 BNSS No. - 32016 of 2026

                                    Vaish Khan
                                                                                                      .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                 .....Opposite Party(s)

                                    Counsel for Applicant(s)               :     Ramanuj Singh, Sanjay Dwivedi
                                    Counsel for Opposite Party(s)          :     G.A.

                                    Court No. - 79
                                                      HON'BLE SAURABH SRIVASTAVA, J.

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

                                    2. The present application under Section 528 BNSS has been filed for
                                    quashing impugned Notice dated 27.05.2026, under Section 130 BNSS
                                    issued by City Magistrate/ Executive Magistrate, Mirzapur in Case No.33 of
                                    2026 (State Vs. Vaish Khan), U/s 129G BNSS, Police Station Kotwali City,
                                    District Mirzapur.

                                    3. On perusal of the narration of FIR as well as impugned order and charge-
                                    sheet, this Court does not find it to be a case where interference of this Court
                                    is required. No such ground appears to be available in the present
                                    application, on the basis of which, impugned order along with charge-sheet
                                    and entire criminal proceedings of the said case, can be set aside.

                                    4. Accordingly, the prayer sought through the instant application, is refused.

                                    5. However, this Court extended liberty to the applicant to prefer objection
                                    in pursuance to impugned notice issued under Section 130 BNSS dated
                                    27.05.2026, which shall be preferred before concerned City Magistrate
                                    within the period of fifteen days from today and the same shall be decided,
                                    expeditiously.

                                    6. Accordingly, the instant application is disposed of.



                                                                                          (Saurabh Srivastava,J.)
                                    September 8, 2026
                                    Shaswat




Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad


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