Application filed to quash criminal proceedings lodged 26 years ago. Court recognizes prima facie need for consideration. Issues notice to second respondent for counter affidavit and stays proceedings pending further orders.
Issue notice to opposite party No. 2; counter affidavits to be filed within three weeks; proceedings stayed.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38021 of 2025
Mahavir Singh
.....Applicant(s)
Versus
State of U.P. and Another
| .....Opposite Party(s) |
|
|---|---|
| Counsel for Applicant(s) | : Ajay Mishra, Shri Krishna Mishra |
| Counsel for Opposite Party(s) | : G.A. |
Court No. - 75
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Ajay Mishra, learned counsel for the applicant and Shri Abhishek Kumar, learned A.G.A. for the State.
The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of criminal case No. 503 of 2003, arising out of case crime No. 791 of 1999, under Sections 420, 467, 468, 471, I.P.C., Police Station- Kotwali Hapur, District Hapur as well as cognizance/summoning order dated 24.3.2001, pending in the court of Civil Judge (Senior Division)/F.T.C./Additional Chief Judicial Magistrate, Hapur.
Delay in filing the present application is explained.
Learned counsel for the applicant submits that the first information report dated 7.10.1999 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that the impugned F.I.R. has been lodged by Nagar Shiksha Adhikari against the applicant alleging that one forged T.C. has been put up by him before the first informant. It is further submitted that impugned F.I.R. has been lodged without any inquiry. It is further submitted that the present applicant has been retired after superannuation in the year of 2020. It is further submitted that there is no pre-summoning evidence with regard to offence, as alleged, against the applicant.
Prima facie, matter requires consideration.
Learned A.G.A. has accepted notice on behalf of opposite party No. 1.
NA528 No. 38021 of 2025
2
Issue notice to opposite party no.2 returnable at an early date.
Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may be filed within one week thereafter.
List after eight weeks.
Until further orders of this Court, further proceedings of the aforesaid case shall remain stayed against the applicant.
October 17, 2025 T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 528 BNSS requires notice to opposite party No. 2 before disposal.
1 provisions across 1 enactments
Mahavir Singh
State of U.P.
Another
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
