Govind Goyal and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Govind Goyal and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: notice issued to opposite party No. 2 (counter affidavit within four weeks, rejoinder affidavit within two weeks thereafter); case listed on 23.04.2026; until further orders, proceedings in Case No. 205 of 2019 ordered to remain in abeyance. No final decision on the quashing prayer.

Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of the Summoning Order dated 22.11.2024 under Sections 379 and 442 IPC passed in Case No. 205 of 2019 should be allowed. +1 more

Court's answer

The Court found that the matter requires consideration and issued notice to opposite party No. 2, returnable at an early date.

Ratio / Principle

Opposite party No. 2 may file a counter affidavit within four weeks; rejoinder affidavit may be filed within two weeks thereafter.

Key takeaways

The case was directed to be listed on 23.04.2026 in the daily cause list.ratio¶16
As an interim measure, until further orders, the proceedings in Case No. 205 of 2019 (Smt. Rajshree @ Raj Kumari Vs. Govind Goyal and others), Police Station M.M. Gate, District Agra, shall remain in abeyance.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) — Interim order in application under Section 528 BNSS seeking quashing of the Summoning Order dated 22.11.2024 under Sections 379 and 442 IPC passed by the Additional Chief Judicial Magistrate, Court No. 3, Agra, in Case No. 205 of 2019 (Smt. Rajshree @ Raj Kumari Vs. Govind Goyal and others), P.S. M.M. Gate, District Agra. Applicants contended the dispute pertains to recovery of rent, with two tenancy suits of 2018 (O.S. No. 555 of 2018, Civil Judge (JD), Agra; O.S. No. 88 of 2018, Judge, Small Causes Court, Agra) pending, and that a civil dispute had been given a criminal cloak. The Court found the matter requires consideration, issued notice to opposite party No. 2 (counter affidavit four weeks; rejoinder two weeks thereafter), listed the case for 23.04.2026, and directed that, until further orders, the criminal proceedings shall remain in abeyance.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 3952 of 2026

Govind Goyal And Another

.....Applicant(s)

V	ersus
State of U.P. and Another	....	.Opposite Party(s)
Counsel for Applicant(s)	: Gaurav Srivastav, Kumar Srivastava	Rajesh
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Gaurav Srivastav, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 BNSS has been filed with the prayer to allow this application and quash the Summoning Order dated 22.11.2024 under Sections 379 and 442 IPC passed by Additional Chief Judicial Magistrate, Court No. 3, Agra in Case No. 205 of 2019 (Smt. Rajshree @ Raj Kumari Vs. Govind Goyal and others) Police Station-M.M. Gate, DistrictAgra.

It has been submitted by learned counsel for the applicants that the dispute pertains to the recovery of rent and two tenancy suits are pending amongst the parties i.e. Original Suit No. 555 of 2018 (Shri Girraj Singh Vs. Shri Govind Goyal and other) in the Court of Civil Judge (Junior Division), Agra and Original Suit No. 88 of 2018 (Sri Govind Goyal Vs. Sri Girraj Singh) in the Court of Judge Small Causes Court, Agra. It has also been submitted that the dispute is mainly civil in nature which has been given a criminal cloak.

Matter requires consideration.

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

Opposite party No. 2 may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks

NA528 No. 3952 of 2026

2

thereafter.

List this case on 23.04.2026 in the daily cause list.

Until further orders, the proceedings in Case No. 205 of 2019 (Smt. Rajshree @ Raj Kumari Vs. Govind Goyal and others) Police Station-M.M. Gate, District-Agra shall remain in abeyance.

February 23, 2026 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad