HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38552 of 2026 Court No. - 75 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 order dated 12.07.2023 as well as for quashing of charge sheet dated 08.04.2022 including the entire proceeding of Case No. 1915 of 2023 (State Vs. Lucky Kumar Bhartiya), arising out of Case Crime No. 0029 of 2022, under Section 60(2) of Excise Act, Police Station Puramufti, District Prayagraj, pending in the court of learned Special Chief Judicial Magistrate, Allahabad. 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 Versus Counsel for Applicant(s) : Dileep Kumar Counsel for Opposite Party(s) : G.A. Lucky Kumar Bhartiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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.) September 14, 2026 Mustaqeem. NA528 No. 38552 of 2026 2 Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad