Rahul Sahu And 3 Others vs State Of U.P. Thru. The Prin. Secy. Home ...
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Allahabad High Court

Rahul Sahu And 3 Others vs State Of U.P. Thru. The Prin. Secy. Home ... on 2 February, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:7632
 
 
 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 796 of 2026     
 
   Rahul Sahu And 3 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another    
 
  .....Opposite Party(s)         
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Sudhir Kumar Rai   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 16
 
     
 
 HON'BLE BRIJ RAJ SINGH, J.     

1. Heard learned counsel for the applicants and learned AGA for the State.

2. This application has been filed seeking quashing of the proceedings pending against the applicants in Sessions Trial no.1573 of 2025 (State vs. Rahul and others), arising out of Complaint no.0163 of 2024 under Sections 504, 506, 427 IPC and Section 3(1)(dha) of SC/ST Act, pending before the Additional District and Sessions Judge (SC/ST), Court no.02, Unnao as well as summoning order dated 4.10.2025.

3. Learned counsel for the applicants has taken a ground that prior to issuing notice, opportunity of hearing has not been given to the applicants. He submits that in view of the provisions of Section 223 of BNSS, applicants should have been given opportunity of hearing and thereafter the cognizance could have been taken by the court below. No other ground has been taken.

4. Admittedly, the complaint was filed on 2.4.2024 whereas the BNSS was enforced on 1.7.2024. Thus, the proceedings were initiated under the old Cr.P.C., therefore, the provisions of Section 223 BNSS are not attracted in the present case.

5. The application is devoid of merits. It is accordingly dismissed.

(Brij Raj Singh,J.)

February 2, 2026

Sachin