Suvesh Singh Alias Boby Yadav and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Suvesh Singh Alias Boby Yadav and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief at notice stage: further proceedings of Criminal Case No. 718 of 2025 stayed against the applicants until further orders; notice to opposite party no. 2 returnable at an early date; counter affidavits within two weeks and rejoinder within one week thereafter; matter listed after eight weeks. No final adjudication on the quashing prayer.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 718 of 2025 (arising out of Case Crime No. 467 of 2022, under Sections 323, 504, 506, 427 IPC, Police Station Dhoomanganj, District Prayagraj) and the cognizance/summoning order dated 27.03.2025 should be quashed.

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

Until further orders of this Court, further proceedings of Criminal Case No. 718 of 2025 shall remain stayed against the applicants; notice issued to opposite party no. 2, counter affidavits sought within two weeks, rejoinder within one week thereafter, and the matter listed after eight weeks.

Detailed headnote1 paragraphs

Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (Application U/S 528 BNSS No. 52167 of 2025) by Suvesh Singh Alias Boby Yadav and another seeking quashing of the entire proceedings of Criminal Case No. 718 of 2025 (arising out of Case Crime No. 467 of 2022, under Sections 323, 504, 506, 427 IPC, Police Station Dhoomanganj, District Prayagraj) and the cognizance/summoning order dated 27.03.2025 of the A.C.J.M., Court No. 5, Allahabad. Applicants contended the FIR dated 19.07.2022 (incident 18.07.2022) was lodged on false and frivolous allegations with ulterior motive, that there was no pre-summoning evidence and no medical report, and that the allegations pertained to a purely civil dispute, a prior civil suit (Civil Suit No. 299 of 2022, instituted 19.05.2022, before the FIR) for permanent prohibitory injunction being pending between the applicants' mother and the first informant's husband's business partner. The Court found prima facie that the matter required consideration, issued notice to opposite party no. 2, accepted notice on behalf of opposite party no. 1 through the learned A.G.A., sought counter affidavits and rejoinder, and directed that until further orders, further proceedings of the case shall remain stayed against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 52167 of 2025

Suvesh Singh Alias Boby Yadav And Another

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Dheerendra Singh, Singh, Gautam Baghe	Durgesh Pratap l
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Gautam Baghel, learned counsel for the applicants and Sri A.K. Singh, brief holder for the State.

The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Criminal Case No. 718 of 2025, arising out of Case Crime No. 467 of 2022, under Sections 323, 504, 506, 427 of I.P.C., Police StationDhoomanganj, District- Prayagraj, as well as cognizance/ summoning order dated 27.03.2025 pending in the Court of A.C.J.M., Court No. 5, Allahabad.

Learned counsel for the applicants submits that the first information report dated 19.07.2022 with regard to incident dated 18.07.2022 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that there is no pre-summoning evidence with regard to the offences as alleged against the applicants. It is further submitted that there is no medical report to substantiate the allegations of the F.I.R. As per allegations of the F.I.R., It is further submitted that all the allegations are related to purely civil dispute, in this regard a civil suit being Civil Suit No. 299 of 2022 (Mahendra Kumar Vs. Smt. Gayatri Devi & Another), which has been instituted on 19.05.2022 (prior to lodging of F.I.R.) for a decree of permanent prohibitory injunction is pending between mother of the present applicants and one Mahendra Kumar (business partner of husband

NA528 No. 52167 of 2025

2

of the first informant in real estate business). It is further submitted that first informant has converted the civil dispute into a criminal case.

Prima facie, matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

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

Learned A.G.A. as well as learned counsel for the opposite party no. 2 may file counter affidavit within two weeks. Rejoinder affidavit may be filed within one week thereafter.

List after eight weeks.

Until further orders of this Court, further proceedings of the aforesaid case, shall remain stayed against the applicants.

(Sanjay Kumar Pachori,J.)

February 23, 2026 Vibha Singh

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