Allahabad High Court
SMT CHAYENA PURWAR AND 2 OTHERSversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court allowed the application under Section 528 BNSS, quashing the summoning order and staying the criminal proceedings.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash a summoning order dated 08.12.2025 and to stay the entire criminal proceedings (Case No. 931 of 2025) arising from FIR No. 69 of 2025 under Sections 324(2), 351(3) and 352 of the BNS. They alleged false implication stemming from a family dispute and claimed innocence. The court examined the prayer, noted that the matter required consideration, and ordered notice to the opposite party, allowing them to file a counter‑affidavit. The application was allowed, the amendment to the prayer clause was incorporated, and the proceedings were stayed pending a hearing on 17.07.2026. The court also directed that a report on service of notice be filed.
Issues considered
- Whether the summoning order dated 08.12.2025 and the pending criminal proceedings should be quashed under Section 528 BNSS.
- Whether the applicants are entitled to a stay of the proceedings pending further hearing.
Legislation cited
Subjects
- quash
- stay of proceedings
- Section 528
- criminal amendment
- false implication
- family dispute
- summoning order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14197 of 2026
Smt Chayena Purwar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Singh, Vaibhav Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
Order on Criminal Misc. Amendment Application No. Nil of 2026
1. Let this application be numbered by the office.
2. This is an amendment application seeking to incorporate some necessary
amendments in the prayer clause.
3. The amendment is formal.
4. The application is allowed.
5. Let the necessary amendment be incorporated during the course of the
day.
Order on application U/S 528 BNSS
1. Learned Counsel for the applicants and learned A.G.A. are present.
2. This application has been filed under Section 528 BNSS by the applicants
with the prayer to quash the impugned summoning order dated 08.12.2025
as well as entire proceedings of Case No. 931 of 2025 arising out of Case
Crime No. 69 of 2025, under Sections 324(2), 351(3) and 352 BNS, Police
Station Mutthiganj, District Prayagraj, pending in the Court of Additional
Chief Judicial Magistrate, Court No.10, Allahabad.
3. Learned Counsel for the applicants submits that the applicants are
innocent and have been falsely implicated in the present case due to some
family dispute. He further submits that the applicant no.2 and opposite party
no.2 are real brother. The opposite party no.2 lodged an F.I.R. Case Crime
NA528 No. 14197 of 2026
2
No. 69 of 2025, under Sections 324(2), 351(3) and 352 BNS, Police Station
Mutthiganj, District Prayagraj against the applicants. After investigation,
charge-sheet was filed against the applicants and the learned Magistrate has
taken cognizance on it, whereas no prima facie case is made out against the
applicants.
4. Matter requires consideration.
5. Issue notice to the opposite party no.2, returnable at an early date.
6. List on 17.07.2026 before appropriate Bench along with a report regarding service
of notice.
7. Meantime, learned Counsel for the opposite party no.2 may file a
counter affidavit within two weeks.
8. Rejoinder affidavit, if any, may be filed within one week thereafter.
9. Till the next date of listing, further proceedings of the aforesaid case
shall remain stayed.
May 15, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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