Dismissed¶¶13

Rajendra Singh and 3 Others v. State of U.P. and Another

Allahabad HC5 May 2025NA528/3260/2025

Case brief

AI extract

What is this about?

Application under Section 528 BNSS dismissed due to gross delay and laches; applicants appeared in 2022 but filed in 2025; complainant alleged assault under Section 200 Cr.P.C.; witness statements under Section 202 Cr.P.C. not produced.

What did the court decide?

An application under Section 528 BNSS must be filed within a reasonable period; gross delay and laches on the part of the applicants disentitle them to relief. ¶¶12

Rajendra Singh and 3 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:72130

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Court No. - 71

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Case :- APPLICATION U/S 528 BNSS No. - 3260 of 2025

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Applicant :- Rajendra Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Mishra,Atul Kumar Shahi Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including summoning order dated 01.08.2019, of Complaint Case No.1258 of 2017 (Tara Singh Vs. Jeevan Lal and others), under Sections 323, 504, 506 IPC, Police Station- Bichhawan, District- Mainpuri, pending before the court of Judicial Magistrate, Court No.1, Mainpuri.

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It has been submitted by learned counsel for the applicants that impugned complaint has been lodged making false and baseless allegation. In fact on 11.11.2016 a complaint was lodged by the mother-in-law of applicant No.1 against two sons of opposite party no.2 and one Bhola and after that the impugned complaint has been lodged as a counterblast. The complainant has not sustained any injury. Referring to statement of complainant and of witnesses, it was submitted that no prima-facie case is made out against the applicants and the impugned proceedings are counterblast. Regarding delay in filing this application under Section 528 BNSS, it was submitted that applicants have no knowledge about the remedy of filing application under Section 482 Cr.P.C. / 528

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BNSS.

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Learned A.G.A. has opposed the application and submitted that in view of allegations made in the complaint and statement of complainant and of witnesses, a prima-facie case is made out against the applicants.

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I have considered the rival submissions and perused the record.

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At the outset it appears from record that applicants have appeared in the aforesaid case on 30.08.2022 and they were granted bail. Thus, it is apparent that applicants have knowledge about the impugned summoning order and proceedings since 30.08.2022. This application under Section 528 BNSS has been filed after about two and a half years. It is correct that no specific period of limitation has been prescribed for filing application under Section 482 Cr.P.C. / 528 BNSS but it is well-settled that such an application has to be filed within a reasonable period. Thus, the instant application under Section 528 BNSS suffers from vice of gross delay and laches on the part of applicants. Further, the statements of witnesses examined under Section 202 Cr.P.C. have not been brought on record. In her statement under Section 200 Cr.P.C., the complainant has inter-alia made allegation of assault against the applicants. In view of aforesaid facts and circumstances, this Court does not find it a fit case to invoke powers under Section 528 BNSS and hence this application under Section 528 BNSS is liable to be dismissed.

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Accordingly, the application u/s 528 BNSS is hereby dismissed . Order Date :- 6.5.2025 'SP'/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Rajendra Singh and 3 Others v. State of U.P. and Another

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