APPLICATION U/S 528 BNSS No. 13274 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13274 of 2026 Sandeep Gautam And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajeet Kumar Srivastav, Amit Kumar Srivastava, Kamal Kumar Singh Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been filed for quashing of the entire proceedings of Criminal Case No.159 of 2024 (State Vs. Sandeep Gautam and Another) arising out of Case Crime No.85 of 2021, under Sections 188, 269, 171-H IPC, P.S. Khutahan, District- Jaunpur, pending in the court of learned Gram Nyayalaya, Shahganj including charge-sheet dated 05.05.2021 and cognizance/summoning order dated 08.05.2024. 3. At the very outset, learned counsel for the applicants submitted that in view of the bar prescribed under Section 195 Cr.P.C., the prosecution of applicants for the offence under Section 188 IPC, is permissible only on a complaint in writing made by the competent officer, whose order could have been violated by the accused. The prosecution for offence un