Allahabad High Court

YASH PANDEY @ DHIRENDRA AND 4 OTHERSversusState of UP AND ANOTHER

Decided: 23 April 2026
Bench: ACHAL SACHDEV

Holding

The High Court held that the trial court’s order was proper, not an abuse of process, and therefore the application for quashal was dismissed.

Summary

The petitioners Yash Pandey and others, who are accused in Complaint Case No.6433 of 2023 (Shivam Pandey v. Yash Pandey), filed an application under Section 482 of the Cr.P.C. seeking to quash the criminal proceedings for offences under Sections 352, 504 and 506 IPC. The complaint alleged that the petitioners, armed with lathi‑danda, attempted to take possession of land and assaulted the complainant, leading the trial court to record statements under Sections 200 and 202 Cr.P.C. and summon the petitioners for trial. The State opposed the petition, contending that the trial court had sufficient prosecutable evidence and had not abused its process. The High Court examined the material, found that the trial court’s order was based on a thorough examination of the complaint and evidence, and observed no abuse of process or error. Consequently, the Court dismissed the petition under Section 528 of the BNSS, holding that interference was unwarranted.

Issues considered

Whether the trial court’s order summoning the accused under Sections 352, 504 and 506 IPC constitutes an abuse of process warranting quash under Section 482 Cr.P.C.
Whether there is prosecutable evidence to justify the continuation of the criminal proceedings.
Whether the High Court can interfere with the trial court’s order in the present circumstances.

Legislation cited

BNSS — s. 528
Code of Criminal Procedure, 1973 — s. 156(3), 200, 202, 482, 528
Indian Penal Code — s. 352, 504, 506

Subjects

criminal procedure
quash petition
abuse of process
Section 482 Cr.P.C.
Section 528 BNSS
IPC Sections 352 504 506
trial court order
High Court review

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 2725 of 2024

Yash Pandey @ Dhirendra And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Ajit Kumar, Satya Prakash Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 81
HON'BLE ACHAL SACHDEV, J.

1. Learned counsel for the applicants and learned AGA for the State are
present.

2. Vide order dated 13.10.2025, learned AGA for the State as well as
opposite party no.2 were granted time to file a counter affidavit.

3. As per office report dated 14.02.2026, counter affidavit no.1/2025, filed
on behalf of the State in compliance of the order dated 13.10.2025, is on
record.

4. The opposite party no.2 has not filed any counter affidavit till date, hence,
the opportunity granted vide order dated 13.10.2025 to file a counter
affidavit, is hereby closed.

5. This application u/s 482 Cr.P.C. has been preferred by the applicants with
prayer to quash the entire proceeding of Complaint Case No.6433 of
2023(Shivam Pandey Vs. Yash Pandey @ Dhirendra Pandey and others),
under sections 352, 504, 506, IPC, Police Station Unchgaon, District Basti as
well as summoning order dated 04.12.2023, issue by the learned Additional
Chief Judicial Magistrate-I, Basti, in the aforesaid case.

6. Learned counsel for the applicant submitted that the applicant in the
present application is the accused in Complaint Case No.6433 of
A482 No. 2725 of 2024
2

2023(Shivam Pandey Vs. Yash Pandey @ Dhirendra Pandey and others),
under section 352, 504, 506, IPC, Police Station Unchgaon, District Basti.
The present application has been moved before this Court by the
applicants/accused being aggrieved by order dated 04.12.2023, by which the
applicant/accused was summoned under section 352, 504, 506, IPC, Police
Station Unchgaon, District Basti, to face trial.

7. Perusal of record shows that, an application under section 156(3) Cr.P.C.
was filed by the opposite party no.2/complainant before the court of
learned Additional Chief Judicial Magistrate-I, Basti on 13.03.2021, which
was subsequently registered as Complaint Case No.6433 of 2023, stating
therein that a civil dispute is pending between the parties since 2021, due to
which on 28.02.2023 at about 08.30 hours the applicants came on the spot
armed with lathi-danda and tried to take possession over the land of the
complainant/opposite party no.2 and when he opposed it, then the applicants
abused and tried to hit the complainant/opposite party no.2. Thereafter, as
per the direction of the trial court, statements of the opposite party
no.2/complainant as well as the witnesses were recorded under sections 200
and 202 Cr.P.C., respectively and on the basis of the said statements learned
trial court has summoned the applicants/accused persons vide order dated
04.12.2023, under sections 352, 504, 506, IPC, to face trial, on the ground
that there is prosecutable evidence available against the said accused
persons.

8. Learned AGA for the State has vehemently opposed the aforesaid
arguments of learned counsel for the applicants and submitted that learned
trial court has rightly summoned the applicants/accused on the ground that
there is prosecutable evidence available against the said accused persons.

9. Heard learned counsel for the applicants, learned AGA for the State and
perused the material available on record.
A482 No. 2725 of 2024
3

10. In the aforesaid circumstances, this Court is of the view that the decision
of the trial court is based on the thorough examination of the complaint,
witnesses and the evidences submitted before the trial court by the opposite
party no.2/complainant and no where the order of trial court discloses any
abuse of the process of the court. The order of trial court is followed by the
procedural aspects as incorporated in the Cr.P.C./BNSS and there is no
apparent evidence which shows that the trial court has committed any error
or abuse of the process of the court.

11. In view of the aforesaid circumstances, the interference of this Court in
the present case is unwarranted and present application is liable to be
dismissed.

12. Accordingly, the present application u/s 528 BNSS is hereby dismissed.

April 24, 2026
VKG
(Achal Sachdev,J.)

Digitally signed by :-
VIJAY KUMAR GUPTA
High Court of Judicature at Allahabad

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