APPLICATION U/S 528 BNSS No. 10789 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10789 of 2026 Durgesh Singh .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Aashirwad Mishra, Sanjay Kumar Mishra Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for the State. 2. Present application has been filed with the prayer to quash the chargesheet dated 25.11.2023 and cognizance/summoning order dated 19.03.2024 along with entire proceedings of Criminal Case No.4107 of 2024 (State Vs. Durgesh Singh), arising out of Case Crime no. 315 of 2023, under Section 174-A IPC, P.S.- Kubersthan, District Kushinagar, pending in the court of learned Civil Judge (S.D.)/ Additional Chief Judicial Magistrate, Kasya, Kushinagar. 3. Learned counsel for applicant submitted that the proceedings under Section 174-A IPC pending against applicant before learned court concerned, is based upon an FIR, therefore the same is unsustainable in the eyes of law particularly in view of provisions as envisaged under Section 195 IPC. In support of his submission, learned counsel for applicant relied