Allahabad High Court
KANHAIYALAL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court held that the application under Section 528 is maintainable and stayed further proceedings pending a detailed hearing.
Summary
The applicants, Kanhaiyalal and two others, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet dated 26‑10‑2024 and the cognizance order dated 09‑12‑2024 in a criminal case (Case No. 791 of 2024) filed by the State of U.P. They alleged that they were falsely implicated in an offence under Sections 326(e) and 351(2) of the B.N.S. and that the FIR did not disclose any case against them. The learned counsel for the State, appearing as the Advocate General, accepted notice, and the Court directed the opposite party to file a counter‑affidavit. The Court considered the procedural requirements for a Section 528 application and found merit in staying the proceedings until the matter could be fully heard. Consequently, the Court stayed all further proceedings against the applicants and listed the matter for a hearing on 16‑07‑2026. The order was signed by the Hon’ble Judge Chawan Prakash.
Issues considered
- Whether the charge sheet and cognizance order can be quashed under Section 528 of the B.N.S.S. on the ground of false implication.
- Whether the proceedings in the criminal case should be stayed pending determination of the Section 528 application.
Legislation cited
Subjects
- Section 528 application
- quash charge sheet
- stay of proceedings
- cognizance order
- false implication
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40607 of 2025
Kanhaiyalal And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Gunjan Dwivedi, Shri Prakash Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Shri Prakash Dwivedi, learned counsel for the applicants, Sri
Jyoti Kumar Singh, learned A.G.A. for the State and perused the record.
2. The applicants filed the present application under Section 528 B.N.S.S.
to quash the entire proceeding, charge sheet dated 26.10.2024 alongwith
cognizance order dated 09.12.2024 in Case No. 791 of 2024, pertaining to
Case Crime No. 0201 of 2024 (State Vs. Mohan Lal and others), and
order dated 27.08.2025 passed by the Judicial Magistrate, Mirzapur in
Case No. 791 of 2024, under Sections 326 (e), 351(2) B.N.S., Police
Station Adalhat, District Mirzapur, pending in the court of Judicial
Magistrate, Mirzapur.
3. Learned counsel for the applicants submitted that the applicants are
innocent, they have not committed the alleged offence but they have been
falsely implicated in this case. He further submitted that a first
information report as Case Crime No. 791 of 2024, under Sections 326
(e), 351(2) B.N.S. was registered at Police Station Adalhat, District
Mirzapur against the applicants regarding the incident dated
17.10.2024. During investigation, statements of opposite party no. 2 and
other witnesses were recorded. After investigation, charge sheet was
submitted against the applicants and learned Magistrate has taken
cognizance. He next submitted that on the basis of first information
report, no case is made out against the applicants, therefore, cognizance
order as well as charge sheet is liable to be set aside.
NA528 No. 40607 of 2025
2
4. Matter requires consideration.
5. Learned A.G.A. has accepted notice on behalf of opposite party no. 1.
6. Issue notice to opposite party no. 2 returnable at an early date.
7. Opposite party no. 2 and learned A.G.A. may file counter affidavit
within three weeks. Rejoinder affidavit, if any, may be filed within two
weeks thereafter.
8. List this case on 16.07.2026 before appropriate Bench.
9. Till the next date of listing, further proceedings of the aforesaid case in
respect of the applicants shall remain stayed.
(Chawan Prakash,J.)
May 7, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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