APPLICATION U/S 528 BNSS No. 10878 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10878 of 2026 Saurav Kumar And 3 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Vijay Bahadur 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 cognizance order dated 25.9.2025 and non bailable warrant dated 27.2.2026 passed by learned Judicial Magistrate-I, Aligarh as well as entire proceedings of Case No. 782 of 2025 (State vs. Saurav Kkumar and others) arising out of Case Crime No. 206 of 2025, under Sections 115(2), 352, 351(3) of B.N.S., police station Gabhana, district Aligarh pending in the court of learned Judicial Magistrate-Ist, Aligarh. 3. Learned counsel for applicants has made only one submission before the Court that offences under Sections 115(2), 352, 351(3) of B.N.S. 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 pro