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Neelam Singh v. State of U.P. and Another

Allahabad HC20 May 2025NA528/16771/2025

Case brief

AI extract

What is this about?

Allahabad High Court; APPLICATION U/S 528 BNSS No. 16771 of 2025; Vikram D. Chauhan, J.; decided November 13, 2025; quashing of summoning order dated 4.3.2025; non-speaking order; no application of mind; PCPNDT Act Sections 23, 25, 27 read with 29 and Rules 9, 9(1), 1(4), 2(18)(VII), 2(8), 9(6)1; Section 186 IPC; Chief Judicial Magistrate Meerut; Complaint Case No.25644 of 2023; Police Station Kithaur, District Meerut; applicant Neelam Singh; counsel Bed Prakash Rai; remand for decision afresh; J.M. Laboratories Vs. State of Andhra Pradesh, 2025 INSC 127.

What did the court decide?

Impugned summoning order dated 4.3.2025 of the Chief Judicial Magistrate, Meerut set aside; matter remanded to the court concerned for decision afresh. ¶13

Neelam Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 16771 of 2025

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Versus Neelam Singh	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Bed Prakash Rai
Counsel for Opposite Party(s)	: G.A.

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Court No. - 76

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HON'BLE VIKRAM D. CHAUHAN, J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application has been filed for quashing the summoning order dated 4.3.2025 passed by Chief Judicial Magistrate, Meerut in Complaint Case No.25644 of 2023, State Vs. Neelam and another, under Sections 23, 25, 27 read with 29 P.C.P.N.D.T. Act and Rule 9, 9(1), 9, 1(4), 2(18)(VII), 9, 2(8) 9(6)1 P.C.P.N.D.T. Act, Section 186 I.P.C., Police Station Kithaur, District Meerut.

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Learned counsel for the applicants submitted that the impugned summoning order is non speaking and it does not record application of mind. He submits that in view of the judgment of M/s J.M. Laboratories and others Vs. State of Andhra Pradesh and another, 2025 INSC 127 , the summoning order is not sustainable under law.

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