Allahabad High Court
NA528/21996/2025 of LACHHIMAN Vs STATE OF U.P. AND ANOTHER on 7 October 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21996 of 2025 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 record. 2. This application has been filed for quashing of the proceedings of Case No.360
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 21996 of 2025
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 record.
2. This application has been filed for quashing of the proceedings of Case No.360 of 2025, (State Vs. Lachhiman) arising out of Case Crime No.228 of 2024 under Sections 281, 106(1) BNS, Section 3 and 181 of Motor Vehicle Act, Police Station Kotwali Dehat, District Mirzapur pending in the Court of Additional Judicial Magistrate, First, District Mirzapur and also to quash the charge sheet dated 25.03.2025 as well as cognizance order dated 01.05.2025 passed in the aforesaid case.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. Submission is that the malafides which motivated the opposite party have been emphasized and several submissions in order to expose the falsity of the allegations have been made. Further submission is that malafides behind the prosecution are apparent on the face of record and if the proceedings against the applicant is allowed to go on, it will result in the abuse of court's process. Learned counsel for the applicant therefore submits, no prosecution could lie against the applicant, in such circumstances. He further submits that the applicant has already been enlarged on bail.
4. 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 applicants.
5. This Court in e of its power under section 528 of B.N.S.S., 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 rejected. Versus Counsel for Applicant(s) : Arvind Kumar Maurya Counsel for Opposite Party(s) : G.A. Lachhiman .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. The application lacks merit and is dismissed.
October 8, 2026 S.Ali NA528 No. 21996 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad