The Hon'ble Allahabad High Court issued notice to the opposite party No. 2 in an application under Section 528 BNSS, sought for quashing of counterblast proceedings, and restrained coercive action during pendency.
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Court No. - 71
Case :- APPLICATION U/S 528 BNSS No. - 5113 of 2025 Applicant :- Surendra Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned AGA for the State.
It has been argued by learned counsel for the applicants that on 29.08.2023 the mother of applicant Nos. 1 and 2 has lodged a first information report against the opposite party No. 2 / complainant and others for the offence under Sections 452, 323, 504, 506 IPC. After that the impugned complaint has been lodged by the complainant as a counterblast to that case. The complainant has not sustained any injury. Referring to the facts of the matter, it was submitted that the impugned proceedings are counterblast and malicious and thus, liable to be quashed.
Matter requires consideration.
Issue notice to opposite party No. 2, returnable at an early date. Steps be taken within a week.
Opposite party No. 2 may file counter affidavit within four weeks.
List on 11.09.2025.
Till the next date of listing, no coercive action shall be taken against the applicants in complaint case No. 3837 of 2024, under Sections 323, 427, 504, 506 IPC, P.S. Kannauj, district Kannauj, pending in the court of C.J.(J.D.)/F.T.C.-I, Kannauj. Order Date :- 13.5.2025 Anand
Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad
Surendra Kumar and 3 Others
Raj Beer Singh
As recorded by the court registry
4 orders share this CNR
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