Allahabad High Court
AKANKSHA CHAUDHARYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 BNSS is dismissed as misconceived because the proper forum for the relief is the trial court and the High Court cannot adjudicate on mere apprehension or presumption of future crime.
Summary
The applicant, Akanksha Chaudhary, filed an application under Section 528 BNSS before the Allahabad High Court seeking to quash an order dated 25.3.2026 passed by the Additional District and Sessions Judge, Second Hapur in Criminal Revision No. 44 of 2026. That revision arose out of Case Crime No. 221 of 2025 under Sections 318(4), 316(2), 115(2), 352, and 351(2) BNS, PS Babugarh, District Hapur, and challenged an order dated 16.3.2026 of the Chief Judicial Magistrate, Hapur directing transfer of a disputed amount from the applicant's account to the account of opposite party no. 2. The High Court heard the applicant's counsel, counsel for opposite party no. 2, and the learned AGA for the State. The Court observed that the prayer was misconceived and that any cause of action for similar relief lay before the trial court where Case Crime No. 221 of 2025 was pending. It further held that no adjudication before the High Court was maintainable on mere apprehension, presumption, or threat of future crime, including concerns about the ethical behaviour of opposite party no. 2. Accordingly, the application under Section 528 BNSS was dismissed.
Issues considered
- Whether the application under Section 528 BNSS seeking quashing of the revisional order and the Magistrate's order directing transfer of the disputed amount is maintainable before the High Court?
- Whether the High Court can adjudicate a prayer based on apprehension or presumption of future crime?
- Whether the appropriate forum for the relief sought is the trial court where the criminal case is pending?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 316(2), 318(4), 351(2), 352
Subjects
- BNSS Section 528
- quashing
- criminal revision
- transfer of disputed amount
- maintainability
- apprehension of future crime
- trial court jurisdiction
- BNS offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14828 of 2026
Akanksha Chaudhary
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Tripathi, Akhilesh Kumar
Mishra
Counsel for Opposite Party(s) : Ajay Kumar Srivastava, G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant, Sri Ajay Kumar Srivastava,
learned counsel for opposite party no. 2 and learned AGA for State.
2. Present application has been preferred with prayer to quash order dated
25.3.2026 passed by learned Additional District and Sessions Judge,
Second Hapur passed in Criminal Revision no. 44 of 2026 (Akanksha
Chaudhary vs. Mahendra Singh and another) arising out of Case Crime
no. 221 of 2025 under sections 318(4), 316(2), 115(2), 352, 351(2) BNS,
PS- Babugarh, District Hapur filed against order dated 16.3.2026 passed
by learned Chief Judicial Magistrate, Hapur whereby direction has been
issued to transfer the disputed amount in question from account of
applicant to account of opposite party no. 2.
3. The prayer as made through instant application is misconceived. The
proper adjudication of the prayer which has been raised through instant
application is need not to be interfered since cause of action, if arises in
favour of the applicants for seeking similar prayer lies before learned trial
court itself where the matter is pending in shape of Case Crime no. 221 of
2025, since the cause as shown for seeking prayer as made through instant
application is related to ethical behaviour which has been warranted from
the opposite party no. 2 so that he may not commit any crime in future.
No adjudication before this Court is maintainable at the behest of
apprehension and presumptions or any threat to commit certain further
crime in future.
NA528 No. 14828 of 2026
2
4. The instant application u/s 528 BNSS stands dismissed.
(Saurabh Srivastava,J.)
September 9, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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