Veena Devi and 4 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Veena Devi and 4 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted at this stage; the prayer to set aside the CJM's order dated 07.07.2025 and to stay further proceedings was not adjudicated. Interim directions issued: (i) C.J.M., Firozabad to report through Registrar (Compliance) on committal of Criminal Case No.27664 of 2022 to the Court of Sessions (with explanation if not committed) and on handover of documents to the accused per Section 207 Cr.P.C.; (ii) Registrar (Compliance) to communicate the order to the C.J.M., Firozabad; (iii) case to be put up fresh on 27.02.2026.

Issue for consideration

Whether the application under Section 528 BNSS should be allowed so as to set aside the impugned order dated 07.07.2025 of the Chief Judicial Magistrate, Firozabad in Criminal Case No.27664 of 2022 and to stay further proceedings in that case against the applicants. +2 more

Ratio / Principle

The Chief Judicial Magistrate, Firozabad is directed to submit a report to this Court, on or before the next date, through the Registrar (Compliance) disclosing whether Criminal Case No.27664 of 2022 has been committed to the Court of Sessions and, if not, to submit his explanation for not committing the case to the Court of Sessions till date.

Key takeaways

The learned C.J.M., Firozabad is further directed to inform this Court whether the documents have been handed over to the accused as per the provisions of Section 207 Cr.P.C.ratio¶14

Detailed headnote1 paragraphs

Application under S.528 BNSS (Allahabad HC, Praveen Kumar Giri, J.; order dated 17.02.2026) by Veena Devi and 4 others v. State of U.P. and another, seeking to set aside the order dated 07.07.2025 of the Chief Judicial Magistrate, Firozabad in Criminal Case No.27664 of 2022 (State Vs. Rajesh and Others) under Ss.147, 323, 452, 506 and 304 IPC arising out of Case Crime No. 148 of 2022, P.S. Jasrana, District Firozabad, and a stay of further proceedings against the applicants. The Court did not adjudicate the prayer; it directed the C.J.M., Firozabad to report through the Registrar (Compliance) whether the case has been committed to the Court of Sessions and, if not, to explain the non-committal till date, and to inform whether documents have been handed over to the accused as per S.207 Cr.P.C.; Registrar (Compliance) to communicate the order; matter put up fresh on 27.02.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35498 of 2025

Veena Devi And 4 Others

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Aklank Kumar Jain
Counsel for Opposite Party(s) : G.A.

Court No. - 77

HON'BLE PRAVEEN KUMAR GIRI, J.

Heard Sri Aklank Kumar Jain, learned counsel for the applicant and Sri Pankaj Kumar Tripathi, learned A.G.A. for the State.

Learned counsel for the applicant submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application. The relief which has been mentioned in the application is delineated below:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present criminal misc application and set aside the impugned order dated 07.07.2025 passed by the Chief Judicial Magistrate, Firozabad in Criminal Case No.27664 of 2022 [State Vs. Rajesh and Others) under Section 147, 323, 452, 506 and 304 IPC arising out of Case Crime No. 148 of 2022, Police Station Jasrana, District Firozabad.

It is further prayed that further proceedings of Criminal Case No.27664 of 2022 (State Vs. Rajesh and Others) under Section 147, 323, 452, 506 and 304 IPC arising out of Case Crime No.148 of 2022, Police Station Jasrana, District Firozabad may also be stayed in respect of the applicants are concerned during the pendency of the present criminal mise, application and/or pass such other order or further direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

NA528 No. 35498 of 2025

2

The Chief Judicial Magistrate, Firozabad is directed to submit a report to this Court, on or before next date, through Registrar (Compliance) disclosing whether Criminal Case No.27664 of 2022 [State Vs. Rajesh and Others) under Section 147, 323, 452, 506 and 304 IPC arising out of Case Crime No. 148 of 2022, Police Station- Jasrana, District-Firozabad has been committed to the Court of Sessions or not and if not committed yet, he shall submit his explanation for not committing the case to the Court of Sessions till date. Learned C.J.M. Firozabad shall also inform this Court as to whether the documents have been handed over to the accused or not as per the provisions of Section 207 Cr.P.C.

Put up this case as fresh on 27.02.2026.

The Registrar (Compliance) is directed to communicate this order to the Chief Judicial Magistrate, Firozabad for information and necessary compliance.

(Praveen Kumar Giri,J.)

February 17, 2026 Manish Himwan

Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad