Keshav Dayal vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

Keshav Dayal vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim order at notice stage: notice issued to opposite party no. 2; counter affidavit within two weeks and rejoinder affidavit within one week thereafter; matter to be listed after eight weeks; further proceedings of Criminal Case No. 3921 of 2025 stayed against the applicant until further orders of the Court. No final decision on the quashing prayer.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 3921 of 2025 (arising out of Case Crime No. 167 of 2023, Sections 420, 467, 468, 471, 406 IPC, Police Station Civil Line, District Etawah) and the cognizance/summoning order dated 30.05.2025 of the Chief Judicial Magistrate, Etawah are liable to be quashed under Section 528 BNSS. +1 more

Court's answer

The Court found a prima facie case and observed that the matter requires consideration.

Ratio / Principle

Notice was issued to opposite party no. 2, returnable at an early date.

Key takeaways

Learned A.G.A. as well as learned counsel for opposite party no. 2 were permitted to file counter affidavit within two weeks and rejoinder affidavit within one week thereafter.ratio¶20
The matter was directed to be listed after eight weeks.ratio¶21
Until further orders of the Court, further proceedings of Criminal Case No. 3921 of 2025 shall remain stayed against the applicant.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), interim order dated February 23, 2026 in Application U/S 528 BNSS No. 52171 of 2025 (Keshav Dayal v. State of U.P. and Another). Application under Section 528 BNSS to quash the entire proceedings of Criminal Case No. 3921 of 2025, arising out of Case Crime No. 167 of 2023, under Sections 420, 467, 468, 471, 406 IPC, Police Station Civil Line, District Etawah, and the cognizance/summoning order dated 30.05.2025 of the Chief Judicial Magistrate, Etawah. The applicant contended that the FIR dated 18.07.2023, lodged on the basis of an application under Section 156(3) CrPC, was founded on false and frivolous allegations with ulterior motive; that the real dispute was civil in nature (non-payment of value of a vehicle) for which the first informant should have filed a civil suit for recovery; and that the cognizance order was passed without applying judicial mind or considering the essential ingredients of the offences under Sections 406/420 IPC, placing reliance on Delhi Race Club (1940) Ltd. v. State of U.P., 2024 SCC OnLine SC 2248. Holding that prima facie the matter required consideration, the Court issued notice to opposite party no. 2 returnable at an early date, notice on behalf of opposite party no. 1 having been accepted by the learned A.G.A., directed counter affidavit within two weeks and rejoinder affidavit within one week thereafter, listed the matter after eight weeks, and stayed further proceedings of the case against the applicant until further orders.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 52171 of 2025

Keshav Dayal

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Sunil Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Sunil Kumar, learned counsel for the applicant and Sri A.K. Singh, learned A.G.A. 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. 3921 of 2025, arising out of Case Crime No. 167 of 2023, under Sections 420, 467, 468, 471, 406 of I.P.C., Police Station- Civil Line, District- Etawah, as well as cognizance/ summoning order dated 30.05.2025 pending in the Court of Chief Judicial Magistrate, Etawah.

Learned counsel for the applicant submit that the first information report dated 18.07.2023 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that the impugned F.I.R. has been lodged on the basis on an application under Section 156(3) of Cr.P.C. There is a dispute with regard to non-payment of value of vehicle between the parties. The first informant instead of filing a civil suit for recovery of money, impugned F.I.R. has been lodged.

It is further submitted that the cognizance order has been passed without applying judicial mind as well as considering the essential ingredients of the offence punishable under Section 406, 420 of I.P.C. for the same set of the act respectively. In support of his submission, learned counsel for the applicant relied upon a judgment of Apex Court in Delhi Race Club (1940) Ltd. & Ors. Vs. State of Uttar Pradesh & Anr. 2024 SCC OnLine SC 2248.

NA528 No. 52171 of 2025

2

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 applicant.

February 23, 2026 Ishan

(Sanjay Kumar Pachori,J.)

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad