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Smt Shanti Gupta and 3 Others v. State of U.P. and Another

Allahabad HC28 Apr 2026NA528/2403/2026

Case brief

AI extract

What is this about?

S.528 BNSS quashing application; interim stay of proceedings in Case no. 347/IX/2024 and Chargesheet No.80/2023 (Ss.323/504/506 IPC, P.S. Atarra, District Banda) and summoning order dt. 02.08.2024; notice to opposite party no.2; counter/rejoinder affidavits permitted; listed 14.07.2026; Allahabad High Court, Chawan Prakash J., April 28, 2026.

What did the court decide?

Interim stay of further proceedings of Case no. 347/IX/2024 till the next date of listing (14.07.2026); notice issued to opposite party no.2; counter affidavit within two weeks and rejoinder affidavit within one week thereafter. Application remains pending; no final relief determined. ¶19

Smt Shanti Gupta and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Case no. 347/IX/2024, State Vs. Smt. Shanti Gupta and Others, including Chargesheet No.80/2023 dated 22.03.2023 and the summoning order dated 02.08.2024, ought to be quashed under Section 528 BNSS.

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Court's answer

Notice issued to opposite party no.2, returnable at an early date.

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Ratio / Principle

Matter to be listed on 14.07.2026 along with a report regarding service of notice.

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Key takeaways

Counter affidavit may be filed by counsel for opposite party no.2 within two weeks; rejoinder affidavit, if any, within one week thereafter.ratio¶17
Further proceedings of Case no. 347/IX/2024 shall remain stayed until the next date of listing (interim relief only; no merits decided).ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Chawan Prakash, J.), April 28, 2026 — Application under Section 528 BNSS No. 2403 of 2026 by Smt Shanti Gupta and 3 others sought quashing of the entire proceedings of Case no. 347/IX/2024 (State v. Smt. Shanti Gupta and Others), including Chargesheet No.80/2023 dated 22.03.2023 arising out of Case Crime no.67/2023 under Sections 323, 504, 506 IPC (Police Station Atarra, District Banda) and the summoning order dated 02.08.2024 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Atarra. The Court issued notice to opposite party no.2 returnable at an early date, listed the matter on 14.07.2026 with a report on service of notice, permitted a counter affidavit within two weeks and a rejoinder affidavit within one week thereafter, and directed that further proceedings of the case shall remain stayed till the next date of listing. Interim order only; no merits decided.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 2403 of 2026

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Smt Shanti Gupta And 3 Others

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.....Applicant(s)

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Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Akash Kishan, Ashok Kumar Gupta Counsel for Opposite Party(s) : G.A.

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Court No. - 79

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HON'BLE CHAWAN PRAKASH, J.

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Learned Counsel for the applicants and learned A.G.A. are present.

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This application has been filed under Section 528 BNSS by the applicants with the following prayer:

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of Case no. 347/IX/2024, State Vs. Smt. Shanti Gupta and Others including Chargesheet No.80/2023, dated 22.03.2023 arising out of Case Crime no.67/2023, under sections 323, 504, 506 I.P.C., Police Station Atarra, District BANDA as well as the summoning order dated 02.08.2024, passed by Civil Judge (Junior Division)/Judicial Magistrate, Atarra, Banda."

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Learned Counsel for the applicants submits that applicant no.1 is jethani of opposite party no.2. She lodged an F.I.R. on the basis of false and baseless allegations. During investigation, statements of opposite party no.2 and other injured persons were recorded. Injured Kanchan Gupta, Tanu, Monica and Vimla Devi have not stated anything about the role of applicant nos. 3 and 4. The Investigating Officer has not conducted the investigation properly and filed charge-sheet against the applicants under Sections 323, 504 and 506 I.P.C. and the learned Magistrate has taken cognizance on 02.08.2024, whereas no prima facie case is made out against the applicants.

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