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2026 DAILYLAW 12463 (ALL)

PRASHANT KUMAR KUSHWAHA v. STATE OF U.P. AND ANOTHER

NA528/43550/2026 · 2026-10-06

Gautam Chowdhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43550 of 2026 Court No. - 73 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. This application has been filed for setting aside of the charge sheet dated 31.05.2025, cognizance/ summoning order dated 15.05.2026 as well as entire proceeding of Criminal Case No. 54139 of 2026 (State Vs. Deepak Kumar and others), arising out of Case Crime No. 08 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2) of B.N.S. and Section 7/13(3) of Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1998, Police Station Chhata, District Mathura, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Mathura. 3. On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant. 4. This Court in exercise of its power under section 528 BNSS is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is refused. 5. The present application stands disposed of with the direction that in case applicant appears before the court concerned and applies for bail within 15 days from today, the same shall be decided by the court concerned in accordance with law in view of the guidelines of Apex Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another(Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021). Versus Counsel for Applicant(s) : Chandan Singh Counsel for Opposite Party(s) : G.A. Prashant Kumar Kushwaha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. For a period of aforesaid period of 15 days no coercive action shall be taken against the applicant. October 7, 2026 Mustaqeem. NA528 No. 43550 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad