APPLICATION U/S 528 BNSS No. 19112 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19112 of 2026 Vibha Dubey .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ayushi Dubey, Siddharth Srivastava Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA. 2. The present application has been filed by applicant praying for quashing of charge-sheet No.47/2021 dated 19.01.2021 along with cognizance/summoning order dated 08.10.2025 as well as entire proceedings of Criminal Case No.146 of 2020, arising out of Case Crime No.536 of 2025, under Sections 447 IPC, P.S.Khuldabad, District Prayagraj. 3. The only argument raised by learned counsel for applicant is that implication of the applicant 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 applicant place reliance upon a judgement of this Court passed in the case of Rahtu Lal @ Rahtu Ram @ Divyanand & Others Vs. State of U.P. & Another passed in Application U/s 482/378/407