Manoj Kumar Bajpayee vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

Manoj Kumar Bajpayee vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief only: until further orders, the proceedings of Complaint Case No. 121 of 2024 under section 406 IPC shall remain in abeyance; notice issued to Opposite Party No. 2 with counter affidavit within four weeks and rejoinder affidavit within two weeks thereafter; matter listed on 18.05.2026. The final prayer to quash/stay remains open and undecided.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 121 of 2024 (Saurabh Gupta Vs. R.P. Tripathi and Others) under section 406 IPC and the summoning order dated 02.05.2008 passed by the Additional Chief Judicial Magistrate, Kasganj should be quashed/stayed. +1 more

Court's answer

As an interim measure, until further orders of this Court, the proceedings of Complaint Case No. 121 of 2024 (Saurabh Gupta Vs. R.P. Tripathi and Others) under section 406 IPC, Police Station Soro, District Kasganj, pending before the Civil Judge (Junior Division)/Judicial Magistrate, Kasganj, shall remain in abeyance.

Ratio / Principle

The Court held that the matter requires consideration, issued notice to Opposite Party No. 2 returnable at an early date, directed the Opposite Party No. 2 to file a counter affidavit within four weeks, allowed the applicant two weeks thereafter to file a rejoinder affidavit, and listed the matter on 18.05.2026 in the daily cause list.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Nand Prabha Shukla, J.) — Application U/S 528 BNSS No. 1771 of 2026, Manoj Kumar Bajpayee v. State of U.P. and Another (decided March 16, 2026): The applicant sought quashing/staying of the entire proceedings of Complaint Case No. 121 of 2024 (Saurabh Gupta v. R.P. Tripathi and Others) under section 406 IPC, Police Station Soro, District Kasganj, pending before the Civil Judge (Junior Division)/Judicial Magistrate, Kasganj, together with the summoning order dated 02.05.2008 passed by the Additional Chief Judicial Magistrate, Kasganj. Grounds urged: summons issued on 02.05.2008 had never been served on the applicant (a resident of Kanpur Nagar), and no inquiry as mandated under section 202(1) Cr.P.C. on territorial jurisdiction was conducted, amounting to abuse of the process of the Court. Holding the matter requires consideration, the Court 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 18.05.2026, and directed that until further orders the complaint proceedings shall remain in abeyance. Interim order; the principal challenge remains undecided.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 1771 of 2026

Manoj Kumar Bajpayee

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Mithilesh Kumar Shukla
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicant, Sri Pankaj Rai, learned AGA 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 quash/stay the entire proceeding of the Complaint Case No. 121 of 2024 (Saurabh Gupta Vs. R.P. Tripathi and Others) under section 406 IPC, Police Station Soro, District Kasganj, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Kasganj and summoning order dated 02.05.2008, passed by the Additional Chief Judicial Magistrate, Kasganj.

Learned counsel for the applicant submits that though the summons were issued against the applicant on 02.05.2008 but the same has not been served upon the applicant till date. However, it has been submitted that the applicant is resident of Kanpur Nagar and no inquiry as mandated under section 202(1) Cr.P.C. in respect to the territorial jurisdiction has been conducted which is an abuse of the process of the Court.

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. Applicant shall have two weeks thereafter to file rejoinder affidavit.

NA528 No. 1771 of 2026

2

List this matter on 18.05.2026 in the daily cause list.

Until further orders of this Court, the proceedings of Complaint Case No. 121 of 2024 (Saurabh Gupta Vs. R.P. Tripathi and Others) under section 406 IPC, Police Station Soro, District Kasganj, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Kasganj shall remain in abeyance.

(Nand Prabha Shukla,J.)

March 16, 2026 Puspendra

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad