Harvinder Singh vs State of U.P and Another.

Court No. - 48

Case :- APPLICATION U/S 528 BNSS No. - 19629 of 2025

Applicant :- Harvinder Singh Opposite Party :- State Of U.P And Another. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant, Sri S.K. Ojha, learned AGA for the State and perused the record.

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The instant application u/s 528 of B.N.S.S. at the instance of the applicant- Harvinder Singh has been filed for quashing the entire proceeding of Complaint Case No.18493 of 2023 (Gurcharan Vs. Harvinder Singh), under Sections 323, 452, 504, 506 IPC, Police Station Kotwali City, District Bijnor stated to be pending in the court of Additional Chief Judicial Magistrate, Court No.1, Bijnor as also summoning order dated 30.04.2025.

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Learned counsel for the applicant submits that the applicant is resident of Hyderabad City, State of Telangana and is working as a Senior Medical Representative in a Pharmaceutical Company. The applicant was married to the daughter of the opposite party no.2 namely Jasvinder Kaur. The wife of the applicant Jasvender Kaur was suffering from serious rheumatoid arthritis disease and died on 01.04.2022 at Hyderabad leaving behind a minor daughter, who was 11 months old at the time of death. Under an arrangement, it was agreed upon between the parties that the minor child would be maintained by the elder daughter of the opposite party no.2 for a period of two years whereafter the child would be returned back to the applicant. The minor child was not returned to the applicant but was handed over to the opposite party no.2. Efforts to obtain custody of the child from the opposite party no.2 by the applicant and his family members amicably has failed. The opposite party no.2 in order to exert pressure upon the applicant and his family has filed the false and malicious complaint dated 12.06.2023.

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It has been argued that in the aforesaid complaint, the learned Magistrate without complying with the provisions of Section 202(1) Cr.P.C. and without considering the fact that no report was submitted on record mechanically has summoned the applicant for facing the trial vide order dated 30.04.2025. Learned counsel for

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the applicant vehemently submits that the Magistrate passed the summoning order without conducting proper enquiry into the case himself or directing an investigation to be made by a police officer or such person deemed fit as mandated by the Section 202 Cr.P.C. Reliance has been placed upon a decision dated 27.04.2023 passed by a coordinate Bench of the Court in Application u/s 428 Cr.P.C. No.12071 of 2023 (Smt. Sushma Chauhan and others Vs. State of U.P. and another).

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Admittedly, the applicant resides in Hyderabad, State of Telangana which is beyond the jurisdiction of the concerned Magistrate at Bijnor. In such circumstances, it was incumbent upon the learned Magistrate to have followed the mandate of Section 202 (1) Cr.P.C.

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Matter requires consideration.

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Issue notice to the respondent no.2 returnable within a month.

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Notice on behalf of the State respondent has been accepted by learned AGA.

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All the respondents if so advised may file counter affidavit by the date fixed in the matter.

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List this case after expiry of six weeks.

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Meanwhile, considering the submissions advanced by the learned counsel for the applicant, further proceedings of Complaint Case No.18493 of 2023 (Gurcharan Vs. Harvinder Singh), under Sections 323, 452, 504, 506 IPC, Police Station Kotwali City, District Bijnor pending in the court of Additional Chief Judicial Magistrate, Court No.1, Bijnor shall remain stayed till the next date of listing and no coercive action shall be taken against the applicant on the strength of the summoning order dated 30.04.2025.

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Order Date :- 12.6.2025 Sanjeet

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

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

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

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