Dharm Narayan vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Dharm Narayan vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of further proceedings against the applicant in Case No. 617 of 2020 till the next date of listing; notice to opposite party no. 2 with counter affidavits within six weeks and rejoinder affidavit within two weeks thereafter; matter to be connected with Application U/S 528 BNSS No. 33061 of 2025 (Ram Kumari Vs. State of U.P. and another). The quashing question itself remains open.

Issue for consideration

Whether the entire criminal proceedings in Case No. 617 of 2020 (State Vs. Dharm Narayan and others), arising out of Case Crime No. 97 of 2019 pursuant to charge-sheets dated 19.06.2020 and 21.09.2020, and the summoning order dated 27.09.2021, should be quashed as constituting abuse of process of law.

Court's answer

Till the next date of listing, further proceedings against the applicant in Case No. 617 of 2020, arising out of Case Crime No. 97 of 2019, under Sections 419, 420, 467, 468, 471, 427, 504, 506 IPC, Police Station Kaushambi, District Kaushambi, pending before the Additional Chief Judicial Magistrate, Kaushambi, shall remain stayed.

Ratio / Principle

The matter is to be listed thereafter and connected with Application U/S 528 BNSS No. 33061 of 2025 (Ram Kumari Vs. State of U.P. and another), filed by the co-accused.

Key takeaways

Notice to issue to opposite party no. 2, returnable at an early date.ratio¶15
Opposite parties may file their counter affidavits within six weeks, and rejoinder affidavit may be filed within two weeks thereafter.ratio¶16

Detailed headnote1 paragraphs

Interim order, High Court of Judicature at Allahabad (Deepak Verma, J.), 18.09.2025, in Application U/S 528 BNSS No. 5367 of 2025 (Dharm Narayan v. State of U.P. and Another). The applicant, stated to be the uncle of opposite party no. 2/informant, sought quashing of the entire criminal proceedings in Case No. 617 of 2020 (State Vs. Dharm Narayan and others), arising out of Case Crime No. 97 of 2019 under IPC Sections 419, 420, 467, 468, 471, 427, 504, 506, Police Station Kaushambi, District Kaushambi, pending before the Additional Chief Judicial Magistrate, Kaushambi, including the charge-sheets dated 19.06.2020 and 21.09.2020 and the summoning order dated 27.09.2021, on the plea that the dispute is civil in nature and the summoning order is an abuse of process of law. The Court issued notice to opposite party no. 2 (counter affidavits within six weeks; rejoinder within two weeks thereafter), directed the matter to be connected with co-accused Ram Kumari's Application U/S 528 BNSS No. 33061 of 2025, and stayed further proceedings against the applicant till the next date of listing. Interim protection only; the question of quashing was not decided.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 5367 of 2025

Dharm Narayan

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Prashant Drivedi Counsel for Opposite Party(s) : G.A.

Court No. - 72

HON'BLE DEEPAK VERMA, J.

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

The present 528 BNSS application has been filed to quash the entire criminal proceedings in Case No. 617 of 2020, (State Vs. Dharm Narayan and others), in pursuance of charge-sheet dated 19.06.2020 and dated 21.09.2020 arising out of Case Crime No. 97 of 2019, under Sections 419, 420, 467, 468, 471, 427, 504, 506 I.P.C. Police Station Kaushambi, District Kaushambi, pending in the Court of Additional Chief Judicial Magistrate, Kaushambi as well as the summoning order dated 27.09.2021.

Learned counsel for the applicant submits that applicant is uncle of opposite party No.2/informant and on perusal of FIR, the dispute pertains to civil in nature. One co-accused Ram Kumari has challenged the cognizance and summoning order by filing 528 BNSS application bearing No.33061 of 2025 and the Hon'ble Court vide order dated 02.09.2025 stayed the further proceedings against the applicant and the allegation alleged in the present case against the applicant is same as of the co-accused. Summoning order is abuse of process of law. He therefore submits, no prosecution could proceed against the applicant, in such circumstances.

Matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

NA528 No. 5367 of 2025

2

Issue notice to opposite party no.2 returnable at an early date.

Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter and connect with Application U/s 528 BNSS No.33061 of 2025 (Ram Kumari Vs. State of U.P. and another).

Till the next date of listing, further proceedings against the applicant in Case No. 617 of 2020, arising out of Case Crime No. 97 of 2019, under Sections 419, 420, 467, 468, 471, 427, 504, 506 I.P.C. Police Station Kaushambi, District Kaushambi, pending in the Court of Additional Chief Judicial Magistrate, Kaushambi, shall remain stayed .

(Deepak Verma,J.)

September 18, 2025

Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad