APPLICATION U/S 528 BNSS No. 9395 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9395 of 2026 Ghanshyam And 4 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Dasarathi Das, Sudhir Kumar Agarwal 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 cognizance/summoning order dated 10.10.2025 as well as entire proceedings of Case No.10432 of 2025 (State Vs Ghanshyam and others), arising out of Case Crime No.112 of 2025, under Section 329(3), 351(2), 352 BNS, P.S. Alau, District Mainpuri, pending in the court of learned Civil Judge (J.D.) F.T.C./14th Finance Commission, Mainpuri. 3. The only argument raised by learned counsel for applicants is that implication of the applicants under Section 329(3) BNS (Section 447 IPC) in charge-sheet is unwarranted since for implication under Section 329(3) BNS, prior notice is mandatory as per U.P. Amendment Act, 1961. In Support of his submission, learned counsel for applicants placed reliance upon a judgement of this Court passed in the