Allahabad High Court
NA528/13510/2026 of VIJAY PATEL AND 2 OTHERS Vs STATE OF U.P. AND ANOTHER on 19 April 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13510 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 as well as learned counsel for the informant and perused the material brought on record. 2. This
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 13510 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 as well as learned counsel for the informant and perused the material brought on record.
2. This application under Section 528 BNSS has been filed for quashing of summoning order dated 01.04.2006 as well entire proceeding of Complaint Case No. 263 of 2006 (Vyas Noniya Vs. Vijay Kurmi), under Sections 435, 504 I.P.C., Police Station Sevrahi, District Kushinagar, pending before the court of learned Judicial Magistrate, Kasya, District Kushinagar.
3. On perusal of the record, the Court finds that the allegations made in the complaint disclose commission of a cognizable offence and those allegations have found support in the statements recorded under Sections 200 and 202 Cr.P.C. on the basis whereof the summoning order has been passed against the applicant.
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 to quash the summoning order and the consequential proceeding 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 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, Versus Counsel for Applicant(s) : Ritesh Tiwari Counsel for Opposite Party(s) : G.A., Vijay Kumar Srivastava Vijay Patel And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
decided on 07.10.2021).
6. For a period of aforesaid period of 15 days no coercive action shall be taken against the applicants. April 20, 2026 Mustaqeem. NA528 No. 13510 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad