Allahabad High Court
NA528/15948/2026 of SUMIT KUMAR PANDEY AND 2 OTHERS Vs STATE OF U.P. AND ANOTHER on 4 May 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15948 of 2026 Court No. - 82 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. This application under Section 528 BNSS has been filed for
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15948 of 2026
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
2. This application under Section 528 BNSS has been filed for quashing of summoning order dated 12.11.2019 as well as entire proceeding of Complaint Case No. 40 of 2019 (Girish Prasad Mishra Vs. Sumit Kumar Pandey and others), under Sections 323, 504, 395 I.P.C., Police Station Vindhyachal, District Mirzapur, pending in the court of learned Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 2, Mirzapur. Further prayer has been made to quash the order dated 11.11.2025 passed by learned Additional District and Sessions Judge, Court No. 3, Mirzapur in Criminal Revision No. 12 of 2020 (Nand Kumar @ Nand Mohan Mishra and others Vs. State of U.P. and others), whereby revision filed by the applicants against the summoning order has been dismissed while affirming the order of the trial court.
3. On perusal of the record, the Court finds that the application under Section 156(3)Cr.P.C. moved on behalf of the opposite party No. 2 was treated as complaint case and thereafter after recording of statements under Sections 200 & 202 Cr.P.C., the applicants have been summoned by the trial court vide its impugned summoning order, which was challenged by the applicants by filing criminal revision, which too was rejected by the court of Sessions while affirming the summoning order. Thus, there appears no illegality, impropriety or infirmity in both the impugned orders and same have been passed in correct perspective.
4. This Court in exercise of its power under Section 528 BNSS is not required to assess the correctness of the allegations and reliability of evidence. Thus, the prayer for quashing is refused.
5. The present application stands disposed of with the direction that in case applicants appear before the court concerned and apply for bail Versus Counsel for Applicant(s) : Rajnish Dubey Counsel for Opposite Party(s) : G.A. Sumit Kumar Pandey And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
within 15 days from today, the same shall be decided by the court concerned in accordance with law in view of the guidelines of Apex Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021).
6. For a period of aforesaid 15 days no coercive action shall be taken against the applicants. May 5, 2026 Mustaqeem. NA528 No. 15948 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad