HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 4672 of 2025 Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Heard Shri Murtuza Ali, learned counsel for the applicant and Shri Akhilesh Kumar Mishra, learned A.G.A on behalf of the State. 2. This application under Section 528 B.N.S.S. has been filed by the applicants to quash entire proceedings of Criminal Case No.12944 of 1993 (State Vs. Chanda @ Chandar and another) arising out of Case Crime No.835 of 1991, under Sections- 147, 148, 149 and 307 I.P.C., Police Station- Chakeri, District- Kanpur Nagar, and charge-sheet dated 27.04.1992 as well as cognizance/ summoning order dated 23.12.1993, pending in the court of learned Chief Judicial Magistrate, Kanpur Nagar. 3. It is submitted on behalf of the applicant that the applicant was not named in the FIR and charge-sheet was filed against him without any evidence. It is further submitted that during investigation the applicant had approached this Court and in Criminal Misc. Writ Petition No.Nil of 1992, this Court vide order dated 13.01.1992 had stayed the arrest of the applicant until further orders. 4. It is next submitted that the case of other co-accused proceeded and resulted in acquittal in 1995. It is also submitted that the proceeding with regard to the applicant was stayed and on 30.11.2024, Chief Judicial Magistrate, Kanpur Nagar has issued notice, thereafter, the applicant came to know about this case. It is submitted that the applicant was not involved in the offence and other co-accused have been acquitted against which no appeal has been filed on behalf of the State. Versus Counsel for Applicant(s) : Indra Jit Singh, Murtuza Ali, Sr. Advocate Counsel for Opposite Party(s) : G.A. Raj Kumar Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Matter requires consideration. 6. Notice on behalf of opposite party no. 1 is accepted by learned A.G.A. 7. Issue notice to opposite party no. 2. 8. Opposite party no. 2, may file counter affidavit, if any, within two weeks, after service of notice. 9. List this case on 22.05.2026. 10. Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case. April 17, 2026 AdityaG NA528 No. 4672 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad