Allahabad High Court
MOHD. ARBAJ KHANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 BNSS is refused; the notice under Section 130 BNSS cannot be quashed by this Court.
Summary
The applicant, Mohd. Arbaj Khan, filed an application under Section 528 of the BNSS seeking to quash a notice dated 27‑05‑2026 issued by the City/Executive Magistrate, Mirzapur, under Section 130 of the BNSS in a criminal case (State Vs. Mohd. Arbaj Khan). The High Court examined the FIR, the impugned notice, the charge‑sheet and the underlying criminal proceedings. It found no sufficient ground for the Court to interfere with or set aside the notice or the ongoing proceedings. Consequently, the Court refused the prayer for quashment. However, the Court permitted the applicant to raise an objection to the notice before the concerned City Magistrate within fifteen days, directing an expeditious decision on that objection. The application was thereafter disposed of.
Issues considered
- Whether an application under Section 528 BNSS can be entertained to quash a notice issued under Section 130 BNSS in the present criminal proceeding
- Whether the High Court has jurisdiction to set aside the notice, charge‑sheet and the entire criminal proceedings
Legislation cited
- BNSS — s. 129, 130, 528
Subjects
- Criminal Procedure
- Quashment of Notice
- Section 528 BNSS
- Section 130 BNSS
- High Court
- Application under Section 528
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32130 of 2026
Mohd. Arbaj 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.32 of
2026 (State Vs. Mohd. Arbaz 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
Checking your session…