HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21477 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 cognizance/ summoning order dated 21.01.2023 as well as for quashing of charge sheet dated 02.09.2022 including the entire proceeding of Criminal Case No. 160 of 2023 (State Vs. Sundaram Pathak and others), arising out of Case Crime No. 180 of 2021, under Section 509 I.P.C. and Section 67 of Information Technology Act, Police Station Nagar, District Basti, pending in the court of learned Chief Judicial Magistrate, Basti. 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 Versus Counsel for Applicant(s) : Akhilesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Sundaram Pathak .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Satendra Kumar Antil Vs. Central Bureau of Investigation and another(Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021). 6. For a period of aforesaid period of 15 days no coercive action shall be taken against the applicant. (Dr. Gautam Chowdhary,J.) October 6, 2026 Mustaqeem. NA528 No. 21477 of 2026 2 Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad