APPLICATION U/S 528 BNSS No. 10875 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10875 of 2026 Gulab Shankar Tiwari And 3 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Pramod Kumar Mishra, Suneel Kumar Counsel for Opposite Party(s): G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present application has been preferred for seeking quashing of charge sheet dated 1.12.20244, cognizance/summoning order dated 16.10.2025 as well as entire proceedins of Case No. 340 of 2025 (State vs. Gulab Shankar Tiwari and others) arising out of N.C.R. No. 143 of 2024, under Sections 115(2), 352 of B.N.S., police statioln lalganj, district Mirzapur pending in the court of Judicial Officer, Village Court, Lalganj. 3. Learned counsel for applicants has made only one submission before the Court that offences under Sections 352, 351(2) BNS are non-cognizable and in view of the explanation to Section 2(1)h BNSS, the charge sheet filed by the Investigating Officer concerned cannot proceed as a police case and the same is liable to be proceeded with as a complaint case. In sup