Application under Section 528 BNSS filed to quash criminal proceedings. Court accepted notice from State and issued notice to second private opposite party, staying proceedings against applicant.
Notice issued to private opposite party no. 2; case listed after eight weeks; proceedings stayed against applicant.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32187 of 2025
Ditesh @ Monu
.....Applicant(s)
| Versus | ||
|---|---|---|
| State Of U.P. And Another | .....Opposite Party(s) |
|
| Counsel for Applicant(s) | : | Abhishek Kumar Shukla |
| Counsel for Opposite Party(s) | : | G.A. |
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Abhishek Kumar Shukla, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present.
The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Complaint Case No. 3778 of 2021 as well as cognizance/ summoning order dated 20.09.2024, by which the learned Magistrate took cognizance under Sections 420, 504, 506 of I.P.C., Police Station- Dadari, District Gautam Buddha Nagar, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Gautam Buddha Nagar
Learned counsel for the applicant submitted that impugned complaint dated 03.11.2021 has been filed on the basis of false and frivolous allegations with ulterior motive and only to harass the applicant. It is further submitted that as per the allegations of complaint, there dispute with regard to breach of terms of a contract to purchase vehicle between the parties in the year 2020. It is further submitted that all the allegations are related to purely civil dispute. It is further submitted that the complainant has converted a civil dispute into a criminal case.
Prima facie , matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
NA528 No. 32187 of 2025
2
Issue notice to private opposite party no. 2 through C.J.M. concerned, returnable at an early date.
Private opposite party no. 2 may file a counter affidavit within three weeks.
Rejoinder affidavit may thereafter be filed within one week.
List this case after eight weeks.
Until further orders, further proceedings of aforesaid case shall remain stayed against the applicant.
August 27, 2025
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
Ditesh @ Monu
Sanjay Kumar Pachori
As recorded by the court registry
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