Allahabad High Court
NA528/18533/2026 of SUSHIL KUMAR YADAV AND ANOTHER Vs STATE OF U.P. AND ANOTHER on 5 October 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18533 of 2026 Court No. - 73 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. The present application under Section 528 BNSS has been
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18533 of 2026
Court No. - 73
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
2. The present application under Section 528 BNSS has been filed with the prayer to quash the charge sheet dated 16.09.2017, summoning order dated 23.09.2017 as well as entire proceedings of Special Criminal Case No. 25 of 2017 (State Vs. Sushil Kumar Yadav and another), arising out of Case Crime No. 608 of 2017, under Section 8/20 of N.D.P.S. Act read with Sections 272, 273, 419, 420, 467, 468 I.P.C. and Section 60/63 of Excise Act, Police Station Badlapur, District Jaunpur, pending in the court of learned Additional Special Judge/ F.T.C.-2, Jaunpur.
3. The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
4. At this stage, the argument raised by learned counsel for the applicants involves adjudication of a factual dispute and appraisal of evidence.
5. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 BNSS. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. Versus Counsel for Applicant(s) : Nasrin, Shailendra Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Sushil Kumar Yadav And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. This Court in exercise of its power under Section 528 BNSS is not required to assess the correctness of the allegations and reliability of evidence. Thus, the prayer for quashing is refused.
7. The present application lacks merit and deserves to be dismissed.
8. Dismissed accordingly. October 6, 2026 Mustaqeem. NA528 No. 18533 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad