APPLICATION U/S 528 BNSS No. 10384 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10384 of 2026 Hemlata .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : In Person Counsel for Opposite Party(s) : G.A. Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Heard Ms. Hemlata, party in person, learned A. G. A. and perused the record. 2. This application under Section 528 BNSS has been filed by applicants with a prayer for quashing charge-sheet dated 31.10.2023, cognizance/summoning order dated 22.01.2025 as well as entire proceedings of Case No. 1660 of 2025 (State Vs. Hemlata) arising out of Case Crime No. 134 of 2023, under Sections 323 IPC, Police Station New Agra, District Agra. 3. The applicant, in person, has made only one submission before the Court that offences under Sections 323 I.P.C. is non- cognizable and, in view of the explanation to Section 2(1)(h) Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') (corresponding to Section 2(d) Cr.P.C.), the charge-sheet filed by the Investigating Officer concerned cannot be proceeded as a State case, and which may proceed as a complaint case. In support of her submission, she has placed reliance upo