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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22837 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for parties. 2. The present application under Section 528 BNSS, has been filed for quashing the entire proceedings of Criminal Case No. 5928 of 2021 (State vs. Ravindra Kumar and others), arising out of Case Crime No. 725 of 2020, under Sections 420, 467, 471, 452, 323, 504, 506, 34 IPC, Police Station- Muradnagar, District- Ghaziabad and charge sheet dated 9.9.2021 and cognizance order dated 16.2.2022. 3. It is contended by learned counsel for applicant that applicant has been falsely implicated in the present case due to mala fide intention and ulterior motive of opposite party no. 2. From perusal of documentary evidences, no offence punishable in pursuance of aforesaid sections is made out against the applicants and as such impugned cognizance order and charge sheet are liable to be quashed and set aside. 5. Per contra, learned counsel for opposite party no. 2 vehemently opposed the prayer sought through instant application by way of submitting that the contentions, which are sought to be raised on behalf of applicant, would relate to disputed questions of fact, and would involve appreciation of evidence. It is also submitted that at the time of taking cognizance, only a prima facie case is to be seen and the court concerned is not expected to hold a mini trial. Versus Counsel for Applicant(s) : Aditya Pratap Mishra, Manoj Kumar Mishra Counsel for Opposite Party(s) : G.A., Rohan Gupta Kripal Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. In compliance to earlier order dated 7.7.2026, learned AGA came up with the instructions that one more criminal history case is pending against the applicant but at the time of filing instant application, it is clearly averred in the narration of the paragraph no.
24 of the instant application that applicant has no criminal history except the present case, 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 [2025] 2 S.C.R 998 wherein 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'. 7. Accordingly, this Court does not find any good ground to invoke its inherent jurisdiction under Section 528 BNSS for quashing the impugned charge-sheet or the consequential criminal proceedings and as such, the present application is hereby dismissed. September 8, 2026 Shaswat NA528 No. 22837 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad