Jagdish Pal and 6 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Jagdish Pal and 6 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: proceedings of Complaint No. 1446 of 2017 (Subhash Chandra Yadav vs. Jagdish Prasad and Others) under sections 323, 504, 506 IPC shall remain in abeyance until further orders; notice issued to Opposite Party No. 2 with counter affidavit within four weeks and rejoinder two weeks thereafter; matter listed on 13.03.2026. The quashing application remains pending and undecided.

Issue for consideration

Whether the summoning order dated 05.10.2019 passed by the Additional Chief Judicial Magistrate, Court No. 17, Allahabad and the entire proceedings of Complaint No. 1446 of 2017 under sections 323, 504, 506 IPC ought to be quashed/stayed. +1 more

Court's answer

As an interim measure, until further orders of the Court, the proceedings of Complaint No. 1446 of 2017 (Subhash Chandra Yadav vs. Jagdish Prasad and Others) under sections 323, 504, 506 IPC, Police Station-Soraon, District-Allahabad shall remain in abeyance.

Ratio / Principle

Notice was issued to Opposite Party No. 2 returnable at an early date; counter affidavit to be filed within four weeks, rejoinder affidavit two weeks thereafter, and the matter was listed on 13.03.2026 in the daily cause list.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), order dated January 21, 2026 in Application U/S 528 BNSS No. 2090 of 2026, Jagdish Pal and 6 Others v. State of U.P. and Another. Applicants sought quashing/stay of the summoning order dated 05.10.2019 passed by the Additional Chief Judicial Magistrate, Court No. 17, Allahabad, and of the entire proceedings of Complaint No. 1446 of 2017 (Subhash Chandra Yadav vs. Jagdish Prasad and Others) under sections 323, 504, 506 IPC, Police Station-Soraon, District-Allahabad, contending that the complaint was lodged with mala fide intent to harass and that there was no medical report to substantiate the allegations. The Court held the matter required consideration, issued notice to Opposite Party No. 2 returnable at an early date, directed a counter affidavit within four weeks and a rejoinder affidavit two weeks thereafter, listed the matter for 13.03.2026, and ordered that, until further orders, the proceedings of the complaint shall remain in abeyance.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 2090 of 2026

Jagdish Pal And 6 Others

.....Applicant(s)

	Versus
State of U.P. and Another			....	.Opposite Party(s)
Counsel for Applicant(s)	: Abhishek Kumar	Kumar	Shukla,	Aklesh
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, 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 to quash/stay the summoning order dated 05.10.2019 passed by the Court of learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad as well as entire proceeding of Complaint No. 1446 of 2017 (Subhash Chandra Yadav vs. Jagdish Prasad and Others) under sections 323, 504, 506 IPC, Police Station-Soraon, District-Allahabad.

It has further been submitted by learned counsel for the applicants that the instant complaint has been lodged with mala fide intent to harass the applicants. There is no medical report to substantiate the allegations.

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.

List this matter on 13.03.2026 in the daily cause list.

Until further orders of this Court, the proceedings of Complaint No.

NA528 No. 2090 of 2026

2

1446 of 2017 (Subhash Chandra Yadav vs. Jagdish Prasad and Others) under sections 323, 504, 506 IPC, Police Station-Soraon, DistrictAllahabad shall remain in abeyance.

(Nand Prabha Shukla,J.)

January 21, 2026 Puspendra

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