Allahabad High Court
KAMLESH KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court set aside the impugned cognizance/summoning order, allowing the trial court to proceed afresh after compliance with Section 197 CrPC.
Summary
Kamlesh Kumar filed an application under Section 528 of the BNSS seeking to set aside the charge‑sheet dated 25‑09‑2025 and the cognizance/summoning order dated 20‑01‑2026 in Case No. 264 of 2026 (State vs. Munni Devi). He relied on a prior application by co‑accused Ram Kumar (Application No. 24122 of 2026) in which the Allahabad High Court had set aside a similar cognizance order and directed the lower court to proceed afresh after complying with Section 197 of the Criminal Procedure Code. The State opposed the prayer but did not contest the legal reasoning of the earlier judgment. The Court examined the parity between the two cases and held that the earlier decision was applicable to the present matter. Consequently, the impugned cognizance/summoning order was set aside, with liberty to the trial court to take fresh cognizance after compliance with Section 197 CrPC. The application was therefore partly allowed.
Issues considered
- Whether the cognizance and summoning order dated 20‑01‑2026 in Case No. 264 of 2026 should be set aside in view of the earlier judgment in Ram Kumar’s application.
- Whether the trial court may take fresh cognizance of the offence after complying with the provisions of Section 197 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 197
- Indian Penal Code — s. 201, 409, 420, 466, 467, 468, 471
Subjects
- cognizance
- Section 197 CrPC
- application under Section 528 BNSS
- charge‑sheet
- set‑aside order
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33151 of 2026
Kamlesh Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Aadesh Kumar Srivastava, Rajesh
Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Certified copy of order dated 31.07.2026 passed in Application u/s 528
BNSS no.24122 of 2026 (Ram Kumar vs. State of U.P. and Another)
preferred by learned counsel for applicant in Court is taken on record.
2. Heard learned counsel for applicant and learned A.G.A. for State.
3. The instant application has been preferred for challenging the charge-
sheet dated 25.09.2025 along with cognizance/summoning order dated
20.01.2026 and the entire proceedings of Case No.264 of 2026 (State vs.
Munni Devi and Others) arising out of Case Crime No.01 of 2022, under
sections 420, 466, 467, 468, 471, 409, 201 IPC, P.S. Bargarh, District-
Chitrakoot, pending in the court of learned Chief Judicial Magistrate,
Chitrakoot.
4. At the very outset, learned counsel for applicant submitted that the co-
accused, namely, Ram Kumar, whose role are similar and identical to the
present applicant in same case crime number, preferred an Application u/s
528 BNSS no.24122 of 2026 (Ram Kumar vs. State of U.P. and Another),
wherein this Court after considering the legal arguments made by learned
counsel for the applicant vide dated 31.07.2026, has set-aside the impugned
cognizance order and give liberty to learned court concerned to proceed
afresh from the stage of taking cognizance of offence, if required, after due
compliance of provisions under section 197 Cr.P.C. and as such, the same
order is also liable to be passed in the instant matter in favour of applicant
herein.
5. Although, learned A.G.A. opposed the prayer sought through instant
application, but did not dispute the legal arguments as made in respect of
judgment and order dated 31.07.2026 passed by this Court.
NA528 No. 33151 of 2026
2
6. In view of foregoing discussion and parity of the judgment and order
dated 31.07.2026 passed by this Court, which is applicable in favour of
applicant also, the impugned cognizance/summoning order dated 20.01.2026
passed in Case No.264 of 2026 (State vs. Munni Devi and Others) arising
out of Case Crime No.01 of 2022, under sections 420, 466, 467, 468, 471,
409, 201 IPC, P.S. Bargarh, District- Chitrakoot, pending in the court of
learned Chief Judicial Magistrate, Chitrakoot, is hereby set-aside. However,
this order will not preclude the learned court concerned to proceed afresh
from the stage of cognizance of offence after due compliance of provisions
under section 197 Cr.P.C., in the light of judgment and order dated
31.07.2026 passed in case of Ram Kumar (supra).
7. The instant application u/s 528 BNSS stands partly allowed accordingly.
September 8, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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