Sapna Yadav Alias Bhuvaneshwari Mulick vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sapna Yadav Alias Bhuvaneshwari Mulick vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Further proceedings of complaint case No. 204005 of 2022 stayed against the applicant until further orders of this Court; notice issued to opposite party no. 2 returnable at an early date (counter affidavit within three weeks, rejoinder affidavit within one week thereafter); matter to be listed after eight weeks.

Issue for consideration

Whether the entire proceedings of complaint case No. 204005 of 2022 and the cognizance/summoning order dated 26.7.2024 (Sections 504, 195-A I.P.C.), pending before Additional Chief Judicial Magistrate, Court No. 5, Varanasi, should be quashed against the applicant. +3 more

Court's answer

On prima facie examination, the Court found that the matter requires consideration.

Ratio / Principle

Until further orders of this Court, further proceedings of complaint case No. 204005 of 2022 shall remain stayed against the applicant (interim relief granted pending final adjudication of the quash application).

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J., Court No. 74), interim order dated 12.8.2025 in APPLICATION U/S 528 BNSS No. 16341 of 2025. Applicant Sapna Yadav alias Bhuvaneshwari Mulick moved under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 to quash the entire proceedings of complaint case No. 204005 of 2022 and the cognizance/summoning order dated 26.7.2024, whereby cognizance was taken under Sections 504, 195-A I.P.C. (P.S. Chetganj, District Varanasi), pending before Additional Chief Judicial Magistrate, Court No. 5, Varanasi. Learned counsel contended that the complaint dated 16.9.2022, concerning an incident two months prior, was filed on false and frivolous allegations with ulterior motive; that the complainant is a witness in case crime No. 140 of 2019 (Sections 147, 306, 511, 120-B I.P.C.) whose accused persons were protected by a Coordinate Bench of this Court; and that there is no pre-summoning evidence against the applicant. Holding that prima facie the matter requires consideration, the Court issued notice to opposite party no. 2 (counter affidavit within three weeks; rejoinder within one week; list after eight weeks) and, until further orders, stayed further proceedings of the case against the applicant. Application not finally decided at this stage; no precedent was cited.

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 16341 of 2025

Applicant :- Sapna Yadav Alias Bhuvaneshwari Mulick Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pallavi Rani Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Deepak Rana and Ms. Pallavi Rani Mishra, learned counsels for the applicant and Shri Chhavi Pal Singh, learned A.G.A. for the State.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of complaint case No. 204005 of 2022 as well as cognizance/summoning order dated 26.7.2024, whereby learned magistrate took cognizance under Sections 504, 195-A, I.P.C., Police Station Chetganj, District Varanasi, pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Varanasi.

Learned counsel for the applicant submits that the complaint dated 16.9.2022 with regard to incident, which took place two months prior to filing of complaint, has been filed on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that complainant is witness of case crime No. 140 of 2019, which has been registered at P.S. Chetganj, District Varanasi, under Sections 147, 306, 511, 120-B, I.P.C. in which accused persons have been protected by a Coordinate Bench of this Court. It is further submitted that there is no pre-summoning evidence with regard to offence, as alleged, against the applicant.

Prima facie, matter requires consideration.

Learned A.G.A. has accepted notice on behalf of opposite party No. 1.

Issue notice to opposite party no.2 returnable at an early date.

Opposite party no. 2 may file counter affidavit within three weeks. Rejoinder affidavit may be filed within one week thereafter.

List after eight weeks.

Until further orders of this Court, further proceedings of the aforesaid case shall remain stayed against the applicant. Order Date :- 12.8.2025 T. Sinha

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad