Abhinav Yadav Vs State of U.P. and Another

Court No. - 70

Case :- APPLICATION U/S 528 BNSS No. - 13930 of 2025

Applicant :- Abhinav Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Namit Srivastava,Sarthak Verma Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Namit Srivastava, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicant-Abhinav Yadav, who is a charge sheeted accused and has been summoned by Court below, has approached this Court by means of present application under Section 528 BNSS with the following prayer:-

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to:-

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i. Quash the entire proceedings Criminal Case No. 314 of 2025 State Versus Abhinav Yadav arising out of Case Crime Number 573 of 2024 under Sections 69, 351(2) Bhartiya Nyaya Sahita, 2023 Police Station Dadri District Gautam Buddh Nagar pending before the learned court of the Second Additional Chief Judicial Magistrate Gautam Buddh Nagar and stay further proceedings of Criminal Case No. 314 of 2025 State Versus Abhinav Yadav arising out of Case Crime Number 573 of 2024 under Sections 69, 351(2) Bhartiya Nyaya Sahita, 2023 Police Station Dadri District Gautam Buddh Nagar pending before before the learned court of the Second Additional Chief Judicial Magistrate Gautam Buddh Nagar.

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ii. Quash the Impugned Charge Sheet dated 26.12.2024 in Criminal Case No. 314 of 2025 State Versus Abhinav Yadav arising out of Case Crime Number 573 of 2024 under Sections 69, 351(2) Bhartiya Nyaya Sahita, 2023 Police Station Dadri District Gautam Buddh Nagar.

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iii. Quash the Impugned Summoning order dated 29.01.2025 in Criminal Case No. 314 of 2025 State Versus Abhinav Yadav arising out of Case Crime Number 573 of 2024 under Sections

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69, 351(2) Bhartiya Nyaya Sahita, 2023 Police Station Dadri District Gautam Buddh Nagar pending before the learned court of the Second Additional Chief Judicial Magistrate Gautam Buddh Nagar and further stay and effect and operation of the summoning order dated 29.01.2025 passed in Criminal Case No. 314 of 2025 State Versus Abhinav Yadav arising out of Case Crime Number 573 of 2024 under Sections 69, 351(2) Bhartiya Nyaya Sahita, 2023 Police Station Dadri District Gautam Buddh Nagar during pendency of the present Criminal Misc. Application.

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iv. To pass such other and further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, so that justice is done otherwise the applicants shall suffer irreparable loss and injury."

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At the very outset, the learned A.G.A. submits that applicant had earlier approached this Court by way of Criminal Misc. Writ Petition No.22938 of 2024 (Abhinav Yadav Vs. State of U.P. and 3 others) challenging the FIR dated 23.11.2024 lodged by first informant opposite party-2 and giving rise to present criminal proceedings. In the aforementioned writ petition an interim order dated 13.12.2024 was passed by Division Bench of this Court. For ready reference, the order dated 13.12.2024 is reproduced hereinunder;-

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"1. Contention is that since the informant is already married and no divorce has taken place with her first husband, the question of false promise of marriage does not arise and the impugned F.I.R. is an abuse of the process of the law.

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2. Matter requires consideration.

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3. Notice on behalf of respondent nos. 1, 2 and 3 has been accepted by learned A.G.A.

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4. Issue notice to respondent no.4. Steps be taken within two week by registered speed post.

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5. All the respondents may file counter affidavit within six weeks. Rejoinder affidavit may also be filed within two weeks, thereafter.

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6. List thereafter.

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7. Subject to petitioners cooperating in the investigation no

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coercive action shall be taken against them pursuant to impugned First Information Report registered as Case Crime No. 573 of 2024 under Sections 69, 89, 351(2) Bhartiya Nyaya Sanhita, 2023, Police Station Dadri, District- Greater Noida (Commissionerate Gautam Budda Nagar) till submission of police report under section 193(3) BNSS, 2023 or till the next date of listing, whichever is earlier. "

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Learned counsel for applicant further submits that aforementioned criminal misc. writ petition is still pending.

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In view of above, it is desirable that this application be heard alongwith aforementioned criminal misc. writ petition.

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In view of above, connect this application along with aforementioned criminal misc. writ petition.

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Accordingly, matter shall re-appear as fresh on 30.04.2025 along with connected matter before appropriate Bench after obtaining an order of nomination from Hon'ble The Chief Justice.

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When the matter is listed next, the details of both the applications shall be duly published in the cause list.

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Order Date :- 23.4.2025 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Abhinav Yadav v. State of U.P. and Another

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