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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33223 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J.
1. This matter has been taken up in the date fixed category. 2. Heard learned counsel for applicant, learned AGA for State and Sri Yashasvi Shukla, learned counsel for opposite party no.2. 3. The present application under Section 528 BNSS, has been filed for quashing the entire proceedings of Case No.1925 of 2026 (State vs. Dinesh Kumar Surya) arising out of Case Crime No.13 of 2026, under Sections 324(4), 318(4) BNS, Police Station- Baherhi, District- Bareilly, pending before learned court of Judicial Magistrate, Baherhi, Bareilly, including charge sheet dated 10.04.2026 and cognizance/summoning order dated
16.05.2026. 4. Heard and perused the material available on record, including the impugned charge-sheet and cognizance/summoning order. 5. In compliance to earlier order dated 15.09.2026, learned AGA came up with the instructions and submitted that there is one case of criminal history credited against the applicant, but at the time of filing instant application, applicant has not averred in para-20 of the affidavit that there is no criminal history of applicant, meaning thereby applicant has not come up with clean hands and as such no interference is required by this Court, since in catena of judgments rendered by Hon'ble Apex Court such as in case of S.B.Noronah vs. Union of India reported in AIR Online 1994 SC 124 as well as in case of M/s Tomorrowland Limited vs. Housing and Urban Development Corporation Limited and another reported in [2025] 2 Versus Counsel for Applicant(s) : Bal Mukund Singh, Surya Dev Counsel for Opposite Party(s) : G.A., Yashasvi Shukla Dinesh Kumar Surya .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
S.C.R 998, it has been held that no indulgence or relief would be granted in favour of any litigant who has not approached to the Court with 'clean hands'. 6. Accordingly, this Court does not find any good ground to invoke its inherent jurisdiction under Section 528 BNSS for quashing the impugned charge-sheet, cognizance/summoning or the consequential criminal proceedings and as such, the present application is hereby dismissed. 7. Learned trial court concerned shall proceed with the trial expeditiously, strictly in accordance with law, without being influenced by any observation made herein.
September 29, 2026 Saif NA528 No. 33223 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad