Sanjay Alias Sanjeev vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Sanjay Alias Sanjeev vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim stay of the entire proceedings of Criminal Case No.12696 of 2023 till the next date of listing; notice issued to opposite party no.2; four weeks granted for filing counter affidavit and two weeks thereafter for rejoinder affidavit; matter to be listed after exchange of pleadings.

Issue for consideration

Whether the chargesheet dated 20.06.2022, the summoning order dated 19.04.2023 and the entire proceedings of Criminal Case No.12696 of 2023 (Sections 420, 504 IPC, P.S. Kotwali City, District Bijnor, before CJM Bijnor) should be quashed, the applicant contending false implication and that the dispute is purely civil in nature with the alleged amount already returned.

Ratio / Principle

Till the next date of listing, the entire proceedings of Criminal Case No.12696 of 2023 (State Vs. Sanjay @ Sanjeev), arising out of Case Crime No.257 of 2022, under Sections 420, 504 IPC, pending in the court of the learned Chief Judicial Magistrate, Bijnor, shall remain stayed.

Detailed headnote1 paragraphs

Application (U/S 528 BNSS) No. 16577 of 2025 filed by Sanjay alias Sanjeev (counsel: Prateek Kumar) seeking quashing of the chargesheet dated 20.06.2022 and the summoning order dated 19.04.2023 alongwith entire proceedings of Criminal Case No.12696 of 2023 (State Vs. Sanjay @ Sanjeev), arising out of Case Crime No.257 of 2022 under Sections 420, 504 IPC, P.S. Kotwali City, District Bijnor, pending before the learned Chief Judicial Magistrate, Bijnor. Counsel contended false implication and that, on bare perusal of the FIR narration, the dispute is purely civil in nature and the alleged amount had already been returned to opposite party no.2. By judgment dated October 27, 2025, Hon'ble Saurabh Srivastava, J. (Court No. 77) issued notice to opposite party no.2, granted four weeks for counter affidavit and two weeks thereafter for rejoinder affidavit, listed the matter after exchange of pleadings, and stayed the entire proceedings till the next date of listing. No final adjudication of the quashing claim; the merits remain open.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16577 of 2025

Sanjay Alias Sanjeev

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Prateek Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicant and learned AGA for the State.

The present application has been preferred for seeking quashing of chargesheet dated 20.06.2022 as well as summoning order dated 19.04.2023 alongwith entire proceedings of Criminal Case No.12696 of 2023 (State Vs. Sanjay @ Sanjeev), arising out of Case Crime No.257 of 2022, under Section 420, 504 IPC, P.S. Kotwali City, District Bijnor, pending in the court of learned Chief Judicial Magistrate, Bijnor.

Learned counsel for applicant has challenged the entire criminal proceedings of the said case alongwith impugned chargsheet and cognizance/summoning on the ground that applicant has been falsely implicated in the present case since he had not committed any offence as alleged. Learned counsel for applicant further contended that by bare perusal of the narration available in the FIR itself, it appears that present dispute is purely civil in nature and moreso, the alleged amount had already been returned by applicant to the opposite party no.2.

Matter needs consideration.

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

After service of notice, four weeks' time is hereby granted to

NA528 No. 16577 of 2025

2

learned counsel for opposite parties to file counter affidavit. Two weeks thereafter is also granted in favour of learned counsel for applicant to file rejoinder affidavit, if any.

List after exchange of pleadings.

Till the next date of listing, entire proceedings of Criminal Case No.12696 of 2023 (State Vs. Sanjay @ Sanjeev), arising out of Case Crime No.257 of 2022, under Section 420, 504 IPC, P.S. Kotwali City, District Bijnor, pending in the court of learned Chief Judicial Magistrate, Bijnor, shall remain stayed.

October 27, 2025 Vivek Kr.

(Saurabh Srivastava,J.)

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad