Section 528 BNSS application to quash criminal proceedings for forgery and conspiracy; interim stay granted; notice issued to State; counter affidavit directed.
Stay of further proceedings against the applicant in Criminal Case No. 10 of 2025 pending before Judicial Magistrate, Chhata, Mathura until further orders. ¶¶13
Prima facie, the matter requires consideration. ¶¶8
Court No. - 74
Case :- APPLICATION U/S 528 BNSS No. - 4844 of 2025
Applicant :- Kamal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Sandeep Pandey, learned counsel for the applicant and Sri Vijay Mishra, learned Brief Holder for the State.
The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Criminal Case No. 10 of 2025, arising out of Case Crime No.70 of 2024, under Sections 416, 419, 420, 467, 468, 471, 120B of I.P.C. as well as cognizance/ summoning order dated 03.01.2025, Police Station- Barsana, District Mathura, pending in the court of Judicial Magistrate, Chhata, Mathura.
Learned counsel for the applicant submits that the F.I.R. dated 20.2.2024 has been filed on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that as per allegations of the F.I.R., the applicant and other co-accused persons prepared three registered sale deeds by impersonating the first informant. It is further submitted that there is no pre-summoning evidence with regard to the alleged offence by hatching conspiracy against the applicant. The first informant is a woman. It is further submitted that the applicant is not a witness of the alleged sale deeds and neither purchaser of the property of the three sale deeds. The applicant has no concern with the other coaccused persons.
Prima facie, matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no. 2 returnable at an early date.
Opposite party no. 2 may file counter affidavit within two 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.
Order Date :- 13.8.2025
Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal proceedings against the applicant (Criminal Case No. 10 of 2025) should be quashed under Section 528 BNSS on grounds of false FIR and lack of pre-summoning evidence?¶¶7
2 provisions across 2 enactments
How this case reached the court
Cognizance/summoning order dated 03.01.2025 in Criminal Case No. 10 of 2025 arising out of Case Crime No. 70 of 2024¶¶6
Court of Judicial Magistrate, Chhata, Mathura · 03.01.2025
FIR dated 20.2.2024 registered as Case Crime No. 70 of 2024 at Police Station Barsana, District Mathura under Sections 416, 419, 420, 467, 468, 471, 120B IPC¶¶6
FIR dated 20.2.2024 alleged applicant and co-accused prepared three registered sale deeds by impersonating the first informant¶¶7
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
