Allahabad High Court
NA528/44022/2026 of UMESH KUMAR Vs STATE OF U.P. AND ANOTHER on 8 October 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 44022 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
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 44022 of 2026
Court No. - 73
HON'BLE DR. GAUTAM CHOWDHARY, J.
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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 summoning order dated 20.03.2026 as well as for quashing of charge sheet dated 21.05.2025 including the entire proceeding of Case No. 201 of 2026 (State Vs. Umesh Kumar and others), arising out of Case Crime No. 06 of 2024, under Section 318(4) B.N.S. and Section 66(D) of I.T. Act, Police Station Cyber Crime, District Mahoba, pending in the court of learned Civil Judge (Junior Division), F.T.C./ Judicial Magistrate, Mahoba.
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) : Birendra Kumar Mishra, Ganesh Mani, Manish Kumar Dubey Counsel for Opposite Party(s) : G.A. Umesh Kumar .....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 9, 2026 Mustaqeem. NA528 No. 44022 of 2026 2
Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad