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

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

What the court decided

AI extract

Outcome

Interim relief only: further proceedings of Special Case No. 4722 of 2023 shall remain stayed against the applicant until further orders of the Court. Notice issued to opposite party no. 2 returnable at an early date; learned A.G.A. and counsel for opposite party no. 2 to file counter affidavit within two weeks, rejoinder affidavit within one week thereafter; matter to be listed after eight weeks. No final adjudication on the quashing prayer.

Issue for consideration

Whether the entire proceedings of Special Case No. 4722 of 2023 and the cognizance/summoning order dated 11.07.2023 passed by the Additional Chief Judicial Magistrate, Court No. 1, Ballia are liable to be quashed. +1 more

Court's answer

Prima facie, the matter requires consideration.

Key takeaways

Until further orders of the Court, further proceedings of Special Case No. 4722 of 2023 shall remain stayed against the applicant.¶20

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J.), April 22, 2026 - Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita No. 12209 of 2026 filed by Mankiya Devi seeking quashing of the entire proceedings of Special Case No. 4722 of 2023, arising out of Case Crime No. 104 of 2022 under Section 3/7 of the Essential Commodities Act, Police Station Nagra, District Ballia, and the cognizance/summoning order dated 11.07.2023 of the Additional Chief Judicial Magistrate, Court No. 1, Ballia. Grounds urged: FIR dated 11.05.2022 lodged on false and frivolous allegations with ulterior motive only to harass the applicant, and no control order under Section 3 of the Essential Commodities Act passed prior to lodging of the FIR. Interim order: prima facie the matter requires consideration; notice issued to opposite party no. 2; counter affidavit within two weeks and rejoinder within one week thereafter; until further orders, further proceedings of the case shall remain stayed against the applicant; listed after eight weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 12209 of 2026

Mankiya Devi

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Sudhir Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Sudhir Kumar Singh, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State.

The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Special Case No. 4722 of 2023, arising out of Case Crime No. 104 of 2022, under Section 3/7 of Essential Commodities Act, Police Station- Nagra, DistrictBallia, as well as cognizance/ summoning order dated 11.07.2023 pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Ballia.

Learned counsel for the applicant submit that the first information report dated 11.05.2022 with regard to incident (no date is mentioned) 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 no control order has been passed as define under Section 3 of Essential Commodities Act, prior to lodging of the F.I.R.

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.

Learned A.G.A. as well as learned counsel for the opposite party no. 2 may file counter affidavit within two weeks. Rejoinder affidavit may be filed within one week thereafter.

NA528 No. 12209 of 2026

2

List after eight weeks.

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

April 22, 2026 Ishan

(Sanjay Kumar Pachori,J.)

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad