Allahabad High Court
NA528/42768/2026 of SONU Vs STATE OF U.P. AND ANOTHER on 4 October 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42768 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 quashing of non
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42768 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 quashing of non bailable warrant order dated 29.10.2018 passed by learned Additional Sessions Judge, Court No. 15, Aligarh in Case No. 1582 of 2009, State Vs. Sonu, under Section 18/20 of N.D.P.S. Act, Police Station Gandhi Park, District Aligarh. Further prayer has been made for quashing of process issued under Section 82 Cr.P.C. against the applicant in the aforesaid case.
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) : Gaurav Mishra, Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A. Sonu .....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.) October 5, 2026 Mustaqeem. NA528 No. 42768 of 2026 2
Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad