Prempal vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Prempal vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: proceedings of Complaint Case No. 566 of 2016 (Smt. Deepmala versus Prempal & another) under Section 494 I.P.C. to remain in abeyance until further orders; notice to Opposite Party No. 2 returnable at an early date, counter affidavit within four weeks, rejoinder affidavit within two weeks thereafter; matter listed for 19.05.2026.

Issue for consideration

Whether the summoning order dated 20.05.2017, the B.W. dated 25.02.2026 and the proceedings of Complaint Case No. 566 of 2016 under Section 494 I.P.C. against the applicant should be quashed/stayed. +1 more

Court's answer

Until further orders of the Court, the proceedings of Complaint Case No. 566 of 2016 (Smt. Deepmala versus Prempal & another) under Section 494 I.P.C., pending before the Additional Chief Judicial Magistrate, Court No. 07, District-Bareilly, shall remain in abeyance.

Ratio / Principle

Notice to be issued to Opposite Party No. 2, returnable at an early date.

Key takeaways

Opposite Party No. 2 to file counter affidavit within four weeks; applicants to have two weeks thereafter to file rejoinder affidavit.ratio¶16
Matter to be listed on 19.05.2026 in the daily cause list.ratio¶17

Detailed headnote1 paragraphs

Interim order, High Court of Judicature at Allahabad (Hon'ble Nand Prabha Shukla, J.), in Application U/S 528 BNSS No. 10511 of 2026 — Prempal v. State of U.P. and Another. The applicant sought quashing/staying of the summoning order dated 20.05.2017 and B.W. dated 25.02.2026 in Complaint Case No. 566 of 2016 (Smt. Deepmala versus Prempal & another) under Section 494 I.P.C., Police Station-Subhash Nagar, District-Bareilly, pending before the Additional Chief Judicial Magistrate, Court No. 07, District-Bareilly. Learned counsel for the applicant submitted that co-accused Saroj Devi has already been married to one Mor Singh and no offence as alleged has been committed by the applicant. The Court observed that the matter requires consideration, issued notice to Opposite Party No. 2 returnable at an early date, directed a counter affidavit within four weeks and a rejoinder affidavit within two weeks thereafter, listed the matter for 19.05.2026, and ordered that the trial-court proceedings shall remain in abeyance until further orders.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 10511 of 2026

Prempal

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Darwari Lal
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Darwari Lal, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and to quash/stay the summoning order dated 20.05.2017 as well as B.W. dated 25.02.2026 and proceedings of Complaint Case No. 566 of 2016 (Smt. Deepmala versus Prempal & another) under Section 494 I.P.C., Police Station-Subhash Nagar, District-Bareilly pending in the court of Additional Chief Judicial Magistrate, Court No. 07, DistrictBareilly.

It has been submitted by learned counsel for the applicant that the coaccused Saroj Devi has already been married to one Mor Singh and no offence as alleged has been committed by the applicant.

Matter requires consideration.

Issue notice to Opposite Party No. 2, returnable at an early date.

Let counter affidavit be filed by the Opposite Party No. 2 within four weeks. Applicants shall have two weeks thereafter to file rejoinder affidavit.

List this matter on 19.05.2026 in the daily cause list.

Until further orders of this Court, the proceedings of Complaint Case No. 566 of 2016 (Smt. Deepmala versus Prempal & another) under Section 494 I.P.C., Police Station-Subhash Nagar, District-Bareilly pending in the court

NA528 No. 10511 of 2026

2

of Additional Chief Judicial Magistrate, Court No. 07, District-Bareilly shall remain in abeyance.

March 17, 2026 SY

(Nand Prabha Shukla,J.)

Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad