APPLICATION U/S 528 BNSS No. 14451 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14451 of 2026 Afsar Khan And 11 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Indra Mohan Singh Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA. 2. The present application has been filed by applicant praying for quashing of entire proceeding of Case no. 45/2021 (State vs. Afsar Khan and others) arising out of Case Crime no. 465 of 2019 under sections 147, 447, 504, 506 IPC, PS- Jalesar, District Etah along with cognizance order dated 21.1.2021 passed by learned Additional Chief Judicial Magistrate, Jalesar, Etah and charge sheet dated 8.8.2020. 3. The only argument raised by learned counsel for applicants is that implication of the applicants under Section 447 IPC in charge-sheet is unwarranted since for implication under Section 447 IPC, prior notice is mandatory as per U.P. Amendment Act, 1961. In Support of his submission, learned counsel for applicants place reliance upon a judgement of this Court passed in the case of Rahtu Lal Rahtu Ram @ Divyanand and other