Allahabad High Court · 2026-05-04
APPLICATION U/S 528 BNSS No. 12067 of 2026 at Allahabad
- Citation / case number
- APPLICATION U/S 528 BNSS No. 12067 of 2026 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- APPLICATION U/S 528 BNSS No. 12067 of 2026 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12067 of 2026 Vishnu Pratap Singh And 3 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Abhishek Kumar Jaiswal, Sandeep Kumar Patel Counsel for Opposite Party(s) : G.A., Shashank Bharti Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. The present application has been filed by applicant praying for quashing of charge-sheet dated 07.01.2024 along with cognizance/summoning order dated 03.09.2025 as well as entire proceedings of Criminal Case No.65181 of 2025, arising out of Case Crime No.655 of 2023, under Sections 323, 504, 352, 447, 448 IPC, P.S. Trans Hindon, District- Ghaziabad, pending in the court of learned Chief Judicial Magistrate, Ghaziabad. 3. The only argument raised by learned counsel for applicants is that implication of the applicants under Sections 447, 448 IPC in charge-sheet is unwarranted since for implication under Sections 447, 448 IPC, prior notice is mandatory as per U.P. Amendment Act, 1961. He further submits that since there is minor difference between sections 447 and 448 IPC, i.e., 447 IPC