APPLICATION U/S 528 BNSS No. 9338 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9338 of 2026 Sanjay Kumar Pandey .....Applicant(s) Versus State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : P.H. Vashishtha Counsel for Opposite Party(s) : G.A. Court No. - 81 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 B.N.S.S. has been filed with the prayer to set aside/ quash the impugned summoning order dated 04.02.2026 passed by the Chief Judicial Magistrate, Fatehpur in Misc. Case No. 1869/2026 [State Vs. Sanjay Kumar Pandey] arising out of Case Crime No.0166 of 2025, under Section 21(4) (A) of The Mines & Minerals (Regulation & Development) Act, 1957 and under Rule 60(2), 60(4), 35, 3, 58, 42(2) ja, & 42 ja of The Uttar Pradesh Minor Minerals (Concession) Rules, 2021 at Police Station Lalauli, District Fatehpur as well as charge- sheet dated 28.07.2025 submitted by the investigating officer against the applicant. 3. The brief facts of the case are that an FIR was lodged by the Mines Inspector against the applicant on 26.05.2025, which was registered as Case Crime No.0166 of