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2026 DAILYLAW 11208 (ALL)

MUKESH KUMAR v. STATE OF U.P. AND ANOTHER

NA528/31962/2026 · 2026-09-28

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31962 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 Mr. R.C. Solanki, learned counsel for opposite party no.2. Instructions so received by learned AGA is taken on record. 3. The present application under Section 528 BNSS, has been filed for quashing the entire proceedings of Case No.598 of 20252(State vs. Mukesh Kumar) arising out of Case Crime No.317 of 2021, under Section 406 IPC, Police Station- Friends Colony, District- Etawah, pending before learned court of Chief Judicial Magistrate, Etawah, including charge sheet dated 15.09.2021 and cognizance/summoning order dated 31.01.2022. 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 31.08.2026, learned AGA came up with the instructions, through which it has been transpired that apart from the instant case, there are five cases of criminal history credited against the applicant, but at the time of filing instant application, applicant has not averred anything about his criminal history, 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 Versus Counsel for Applicant(s) : Raj Kumar Mishra Counsel for Opposite Party(s) : G.A., Ram Chandra Solanki Mukesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) [2025] 2 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. 31962 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad