Pintu Singh Alias Vijayveer Singh vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Pintu Singh Alias Vijayveer Singh vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: proceedings of Case No. 33 of 2025 to remain in abeyance until further orders; notice issued to Opposite Party No. 2 with counter affidavit (four weeks) and rejoinder (two weeks thereafter); matter listed for 12.03.2026. Substantive quashing decision deferred.

Issue for consideration

Whether the charge-sheet dated 07.01.2024, the cognizance/summoning order dated 02.01.2025 and the entire proceedings of Case No. 33 of 2025 (arising out of Case Crime No. 547 of 2023) should be quashed. +1 more

Court's answer

Notice was ordered to be issued to Opposite Party No. 2, returnable at an early date.

Ratio / Principle

Counter affidavit to be filed by Opposite Party No. 2 within four weeks; applicant to have two weeks thereafter to file rejoinder affidavit.

Key takeaways

Until further orders of this Court, the proceedings of Case No. 33 of 2025 pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Tilhar, Shahjahanpur shall remain in abeyance.ratio¶¶19

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), order dated January 28, 2026 in Application u/s 528 BNSS No. 39302 of 2025 — Pintu Singh Alias Vijayveer Singh v. State of U.P. and Another. Interim order on a quashing application praying to quash the charge-sheet dated 07.01.2024, the cognizance/summoning order dated 02.01.2025 and the entire proceedings of Case No. 33 of 2025 (State vs. Sumit Singh @ Ranjeet Singh and Others) arising out of Case Crime No. 547 of 2023 under sections 452, 323 and 504 IPC, Police Station-Katra, District Shahjahanpur, pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Tilhar. Counsel for the applicant submitted that the FIR was lodged mala fide to harass the applicant and that no injury report substantiates the allegations. The court observed 'Matter requires consideration', issued notice to Opposite Party No. 2 (counter affidavit within four weeks; rejoinder within two weeks thereafter), listed the matter for 12.03.2026, and directed that the trial-court proceedings remain in abeyance until further orders. No precedent cited; substantive quashing question left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39302 of 2025

Pintu Singh Alias Vijayveer Singh

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s) Counsel for Applicant(s) : Jitendra Singh Counsel for Opposite Party(s) : G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Jitendra Singh, learned counsel for the applicant, 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 the charge-sheet dated 07.01.2024, cognizance/summoning order dated 02.01.2025 and entire proceeding of Case No. 33 of 2025 (State vs. Sumit Singh @ Ranjeet Singh and Others) arising out of Case Crime No. 547 of 2023 under sections 452, 323 and 504 IPC, Police Station-Katra, DistrictShahjahanpur, pending in the Court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Tilhar, Shahjahanpur.

It has been submitted by learned counsel for the applicant that the instant First Information Report has been lodged with mala fide intent to harass the applicant. There is no injury 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 12.03.2026 in the daily cause list.

NA528 No. 39302 of 2025

2

Until further orders of this Court, the proceedings of Case No. 33 of 2025 (State vs. Sumit Singh @ Ranjeet Singh and Others) arising out of Case Crime No. 547 of 2023 under sections 452, 323 and 504 IPC, Police Station-Katra, District-Shahjahanpur, pending in the Court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Tilhar, Shahjahanpur shall remain in abeyance.

(Nand Prabha Shukla,J.)

January 28, 2026 Puspendra

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