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2026 DAILYLAW 11359 (ALL)

DHARMENDRA SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/33231/2026 · 2026-09-28

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33231 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. This matter has been taken up in the date fixed category. Instructions so received by learned AGA is taken on record. 2. Heard learned counsel for applicants and learned AGA for State. 3. The present application under Section 528 BNSS, has been filed for quashing the entire proceedings of Criminal Case No.2924 of 2025 (State vs. Dharmendra Singh and Others) arising out of Case Crime No.140 of 2025, under Sections 115(2), 352, 351(3), 333 BNS, Police Station- Asmauli, District- Sambhal, pending before learned court of Additional Civil Judge (JD)/Judicial Magistrate, Court No.1, Sambhal, including charge sheet dated 28.06.2025 and cognizance/summoning order dated 30.07.2025. 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, through which it has been transpired that there are certain cases of criminal history credited against the applicants, but at the time of filing instant application, applicants have not averred anything about their criminal history, meaning thereby applicants have 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) : Prabha Shanker Pandey, Santosh Kumar Tripathi Counsel for Opposite Party(s) : G.A. Dharmendra Singh And 2 Others .....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. 33231 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad