Amil Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Amil Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing refused; application disposed of with directions that the applicant may file a discharge application within three weeks, to be decided by the court below expeditiously preferably within eight weeks, and that no coercive action shall be taken against the applicant till disposal of the discharge application.

Issue for consideration

Whether the summoning order dated 08.07.2019 passed by the Chief Judicial Magistrate, Sambhal at Chandausi in Case No. 1251 of 2019 under Sections 4, 5, 6 and 23 of the P.C.P.N.D.T Act, 1994, and the entire proceedings/cognizance arising therefrom, deserve to be quashed.

Court's answer

The prayer for quashing the entire proceedings, cognizance/summoning order in the aforesaid case against the applicant is refused.

Ratio / Principle

The applicant is permitted to move a discharge application before the court below through counsel within three weeks from the date of the order.

Key takeaways

If such a discharge application is filed, the court below shall decide it in accordance with law expeditiously, preferably within eight weeks from the date of filing.ratio¶16
As interim protection, no coercive action shall be taken against the applicant in the aforesaid case till disposal of the discharge application.ratio¶17

Detailed headnote1 paragraphs

Quashing refused; discharge remedy left open — Application under Section 528 BNSS seeking quashing of the summoning order dated 08.07.2019 passed by the Chief Judicial Magistrate, Sambhal at Chandausi in Case No. 1251 of 2019 under Sections 4, 5, 6 and 23 of the P.C.P.N.D.T Act, 1994 (Dr Afzal Kamal vs Suresh and others): Held, the contention that the complaint allegations were false and unsupported was a disputed question of fact not entertainable at this stage; the prayer for quashing was refused. However, the applicant was granted liberty to move a discharge application before the court below within three weeks, which the court below was directed to decide in accordance with law expeditiously, preferably within eight weeks of filing. Till disposal of the discharge application, no coercive action was to be taken against the applicant. Application disposed of. (Deepak Verma, J.; May 5, 2026)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 18318 of 2026

Amil

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Irshad Ahmad
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present 528 BNSS application has been filed to quash the summoning Order dated 08.07.2019, Passed by Chief Judical Magistrate Sambhal at Chandausi in case no. 1251 of 2019, Under Sections 4, 5, 6 and 23 P.C.P.N.D.T Act 1994 (Dr Afzal Kamal VS Suresh and others), P.S Sambhal, District Sambhal.

The contention of learned counsel for the applicant is that all allegation made in the complaint is false and baseless and not supported by any evidence. No case under the alleged sections is made out.

Per contra, learned AGA opposed the submission of applicant's counsel and submitted that prima facie, offence under the alleged sections is made out against the applicant. He further submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage.

The prayer for quashing the entire proceedings, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused .

However, if applicant moves discharge application before the concerned court below, through counsel, within three weeks from today, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application.

Till disposal of discharge application, no coercive action shall be taken against the applicant in the aforesaid case.

With the above directions, this 528 BNSS application is disposed of.

May 5, 2026 Nitin Verma

(Deepak Verma,J.)

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad