Mohd Nazar and Another vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

Mohd Nazar and Another vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: until further orders, further proceedings of Criminal Case No. 1053 of 2025 stayed against the applicants; notice issued to respondent no. 2 through C.J.M.; counter affidavits permitted within three weeks; rejoinder affidavit within one week; case to be listed after eight weeks. Final disposal of the quashing application deferred.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1053 of 2025 and the cognizance/summoning order dated 19.02.2025 passed by the Judicial Magistrate, Etah ought to be quashed.

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

Until further orders, further proceedings of Criminal Case No. 1053 of 2025 shall remain stayed against the applicants.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), order dated May 1, 2026, in Application U/S 528 BNSS No. 13052 of 2026 (Mohd Nazar and another v. State of U.P. and another). Application under Section 528 BNSS sought quashing of the entire proceedings of Criminal Case No. 1053 of 2025, arising out of Case Crime No. 155 of 2024 under Sections 457, 380, 120-B IPC and Section 11 Prevention of Animals Cruelty Act, Police Station Jalesar, District Etah, together with the cognizance/summoning order dated 19.02.2025 of the Judicial Magistrate, Etah. Counsel for the applicants contended that the FIR dated 31.05.2024 (incident dated 30.05.2024) was lodged on false allegations with ulterior motive and that no pre-summoning evidence attributed the alleged offence or conspiracy to the applicants. The Court observed that prima facie the matter requires consideration, accepted notice on behalf of respondent no. 1 through the A.G.A., issued notice to respondent no. 2 through the C.J.M., permitted counter affidavits within three weeks and rejoinder within one week, directed listing after eight weeks, and stayed further proceedings of the case against the applicants until further orders. Interim order only; no final adjudication on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 13052 of 2026

Mohd Nazar And Another

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Mohd Aadil Siddiqui
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Sri Mohd Aadil Siddiqui, learned counsel for the applicants and learned AGA for the State.

The present application u/s 528 B.N.S.S. has been filed with prayer to quash the entire proceedings of Criminal Case No. 1053 of 2025, arising out of Case Crime No.155 of 2024, under Sections 457, 380, 120-B I.P.C. & Section 11 Prevention of Animals Cruelty Act, Police Station Jalesar, District Etah, as well as cognizance/summoning order dated 19.02.2025 pending in the Court of Judicial Magistrate, Etah.

Learned counsel for the applicant submitted that impugned First Information Report dated 31.05.2024 with regard to incident dated 30.05.2024 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the applicants. It is further submitted that as per pre-summoning evidence role of hatching conspiracy to alleged offence has been assigned to present applicants. There is no pre-summoning evidence with regard to alleged offence against the applicant.

4. Prima facie , matter requires consideration.

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

Issue notice to respondent no. 2 through C.J.M. concerned, returnable at an early date.

Learned A.G.A. as well as respondent no. 2 may file their counter

NA528 No. 13052 of 2026

2

affidavits 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 applicants.

(Sanjay Kumar Pachori,J.)

May 1, 2026

A.N. Mishra

Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad