Devendranath Jainath Singh @ Devendra Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Application U/S 528 BNSS No. 498 of 2026, decided 19.02.2026 by Amitabh Kumar Rai, J. Quashing petition against Section 164 BNSS proceedings (Misc. Criminal Case No. 18390/2025) and SDM, Tehsil Kadipur, District Sultanpur summons order dated 17.12.2025. Civil court exparte decree dated 30.05.2018 in Original Suit No. 775 of 2014 (permanent injunction) held to prevail over Section 164(1) BNSS proceeding; Magistrate to decide within three months whether subject property identical and, if so, record reasons for closure; interim stay of Section 164 proceedings.
What did the court decide?
Petition disposed of with directions: respondent no.3 to move an application before the concerned Magistrate in the Section 164 BNSS proceedings indicating the judgement and order dated 30.05.2018 in Original Suit No. 775 of 2014; the Magistrate to pass an appropriate order within three months of production of a certified copy of this order, after satisfying whether the subject property is the same, and if so, to record appropriate reasons for closure of the Section 164 proceedings; proceedings of Misc. Criminal Case No. 18390/2025 to remain stayed till disposal of that application.