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

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

What the court decided

AI extract

Outcome

Interim relief only: notice issued to private opposite party no. 2 through the C.J.M.; counter affidavit within three weeks and rejoinder within one week permitted; case listed after eight weeks; further proceedings of Criminal Case No. 1177 of 2007 stayed against the applicant until further orders. The quashing prayer was not finally decided.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1177 of 2007 (arising out of Case Crime No. 69 of 2007) and the cognizance/summoning order dated 25.07.2007 passed by the Additional Chief Judicial Magistrate, Court No. 3, Kanpur Dehat, ought to be quashed under Section 528 BNSS. +1 more

Court's answer

Prima facie, the matter requires consideration; accordingly notice was directed to be issued to private opposite party no. 2 through the C.J.M. concerned, returnable at an early date.

Ratio / Principle

Interim directions: learned A.G.A. and private opposite party no. 2 may file a counter affidavit within three weeks, rejoinder affidavit may be filed within one week thereafter, and the case was listed after eight weeks.

Key takeaways

Until further orders, further proceedings of Criminal Case No. 1177 of 2007 shall remain stayed against the applicant.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J.), interim order dated April 1, 2026 in Application U/S 528 BNSS No. 12038 of 2026 (also styled NA528 No. 12038 of 2026), Suresh Chandra v. State of U.P. and Another. The applicant sought quashing of the entire proceedings of Criminal Case No. 1177 of 2007, arising out of Case Crime No. 69 of 2007, under Section 447 IPC and Section 198 of the Z.A. & L.R. Act, P.S. Derapur, District Kanpur Dehat, together with the cognizance/summoning order dated 25.07.2007 of the Additional Chief Judicial Magistrate, Court No. 3, Kanpur Dehat. Learned counsel for the applicant contended that the impugned FIR dated 09.03.2007 was lodged on false and frivolous allegations with ulterior motive and that a purely civil dispute had been converted into a criminal case. Delay in filing was noted as explained. The Court observed that prima facie the matter requires consideration, issued notice to private opposite party no. 2 through the C.J.M. concerned, accepted notice on behalf of opposite party no. 1 through the learned A.G.A., directed a counter affidavit within three weeks and rejoinder within one week, listed the matter after eight weeks, and stayed further proceedings of the said case against the applicant until further orders. This is an interim order; the quashing prayer remains undecided and no precedent is laid down.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 12038 of 2026

Suresh Chandra

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Kamla Singh, Vijay Shanker Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Ms. Kamla Singh, learned counsel for the applicant and Sri Rahul Pandey, learned brief holder for the State are present.

The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Criminal Case No. 1177 of 2007, arising out of Case Crime No. 69 of 2007, under Section 447 of IPC and Section 198 of Z.A. & L.R. Act, P.S. Derapur, District Kanpur Dehat as well as cognizance/ summoning order dated 25.07.2007, pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Kanpur Dehat.

Delay in filing the present application has been explained.

Learned counsel for the applicant submitted that impugned FIR dated 09.03.2007 has been lodged 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 FIR, all the allegations are related to purely civil dispute. The first informant converted a civil dispute into a criminal case.

Prima facie , matter requires consideration.

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

Issue notice to private opposite party no. 2 through C.J.M. concerned,

NA528 No. 12038 of 2026

2

returnable at an early date.

Learned A.G.A. as well as private opposite party no. 2 may file a counter affidavit within three weeks.

Rejoinder affidavit may thereafter be filed within one week.

List this case after eight weeks.

Until further orders, further proceedings of aforesaid case shall remain stayed against the applicant.

April 1, 2026 MAA/-

(Sanjay Kumar Pachori,J.)

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad