APPLICATION U/S 528 BNSS No. 13579 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13579 of 2026 Arif .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajeet Kumar Srivastava 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 09.05.2019 and cognizance/summoning order dated 15.01.2021 along with entire proceedings of Case No.70 of 2021 (State Vs. Arif) arising out of Case Crime no.121 of 2019, under Section 174-A IPC, P.S. Machhali Shahar, District- Jaunpur, pending in the court of learned Additional Chief Judicial Magistrate- II, Jaunpur. 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 upon a judgment rendered by Division Bench of this Court in Criminal M