Allahabad High Court
NA528/38584/2026 of JYOTI PRAKASH DUBEY Vs STATE OF U.P. AND 3 OTHERS on 13 September 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38584 of 2026 Court No. - 75 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. The present application under Section 528 BNSS has been
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38584 of 2026
Court No. - 75
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. The present application under Section 528 BNSS has been filed praying for quashing of summoning order dated 07.10.2020 as well as entire proceeding of S.T. No. 12/2020, State Vs. Jyoti Prakash Dubey, arising out of Case Crime No. 50 of 2018, under Sections 354(Ka), 506 I.P.C. and Section 9/10 of Protection of Children From Sexual Offences Act, Police Station Kotwali Katra, District Mirzapur. Further prayer has been made for quashing of non bailable warrants issued against the applicant in the aforesaid trial.
3. The contention of learned counsel for the applicant is that no offence against the applicant 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. Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing. The prayer praying for quashing is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
5. However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within twenty days from Versus Counsel for Applicant(s) : Ajai Kumar Srivastava, Juhi Srivastava Counsel for Opposite Party(s) : G.A. Jyoti Prakash Dubey .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
6. For a period of aforesaid twenty days from today, the non- bailable warrant issued against the applicant shall be kept in abeyance.
7. The present application stands disposed of. (Dr. Gautam Chowdhary,J.)
September 14, 2026 Mustaqeem. NA528 No. 38584 of 2026 2
Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad