Aamil and 2 Others vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

Aamil and 2 Others vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Notice issued to opposite party no.2, returnable at an early date; counter affidavit within four weeks and rejoinder affidavit two weeks thereafter permitted; interim stay of the entire proceedings in Case No.8786 of 2025 till the next date of listing; matter to be listed after exchange of pleadings. No final adjudication on merits.

Issue for consideration

Whether the entire criminal proceedings in Case No.8786 of 2025 (State vs. Aamil and Others), including the charge-sheet dated 20.12.2024 and cognizance/summoning order dated 31.07.2025, are sustainable in law, the applicants alleging false implication arising out of a commercial dispute between the parties.

Court's answer

As an interim measure, till the next date of listing, the entire proceedings initiated against the applicants in Case No.8786 of 2025 (State vs. Aamil and Others) arising out of Case Crime No.196 of 2024 shall remain stayed; notice was issued to opposite party no.2 with liberty to file counter affidavit within four weeks and rejoinder affidavit two weeks thereafter, and the matter is to be listed after exchange of pleadings.

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), Application U/S 528 BNSS No. - 19198 of 2026, decided May 11, 2026: Applicants sought challenge to the entire proceedings of Case No.8786 of 2025 (State vs. Aamil and Others) arising out of Case Crime No.196 of 2024, under sections 406, 504, 506 IPC, P.S. Baghauchghat, District Deoria, including charge-sheet dated 20.12.2024 and cognizance/summoning order dated 31.07.2025, contending false implication pursuant to a commercial dispute. Court issued notice to opposite party no.2 returnable at an early date, permitted counter affidavit within four weeks and rejoinder affidavit two weeks thereafter, directed listing after exchange of pleadings, and stayed the entire proceedings against the applicants till the next date of listing. Interim order only; no merits determination.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 19198 of 2026

Aamil And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Mehdi Abbas
Counsel for Opposite Party(s)	: G.A.
Court No.- 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicants and learned AGA for State.

The instant application has been preferred for challenging the entire proceedings of Case No.8786 of 2025 (State vs. Aamil and Others) arising out of Case Crime No.196 of 2024, under sections 406, 504, 506 IPC, P.S. Baghauchghat, District- Deoria, pending in the court of learned ACJM, Court No.19, Deoria, including charge-sheet dated 20.12.2024 and cognizance/summoning order dated 31.07.2025.

Learned counsel for the applicants submitted that the applicants have been falsely implicated in this case with ulterior motive since no offence as alleged has ever been committed by them. It is further submitted that certain dispute has already been persisting between the parties in respect of certain commercial transaction, which culminated into implication of applicants in the present case and as such instant proceedings initiated against the applicants is not sustainable in the eye of law.

Per contra, learned AGA vehemently opposed the prayer sought through instant application.

In view of above, matter requires consideration.

Issue notice to opposite party no.2, returnable at an early date.

After service of notice, all the opposite parties may prefer counter affidavit within four weeks. Two weeks thereafter for rejoinder affidavit, if any.

NA528 No. 19198 of 2026

2

List after exchange of pleadings.

Till the next date of listing, entire proceedings initiated against the applicants in shape of Case No.8786 of 2025 (State vs. Aamil and Others) arising out of Case Crime No.196 of 2024, under sections 406, 504, 506 IPC, P.S. Baghauchghat, District- Deoria, shall remain stayed.

May 11, 2026 Saif

(Saurabh Srivastava,J.)

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad