APPLICATION U/S 528 BNSS No. 8024 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8024 of 2026 Divakar Yadav And 5 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajay Kumar Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. The present application has been filed by applicants praying for quashing of charge-sheet no.337/2019 dated 23.07.2019, cognizance/summoning order dated 27.01.2020 and the entire proceedings of Criminal Case No.870 of 2020 (State Vs. Divakar Yadav and Others) arising out of Case Crime No.501 of 2019, under Sections 447, 427, 506 IPC, P.S. Kotwali, District- Mainpuri, pending in the court of learned Chief Judicial Magistrate, Mainpuri. 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