Allahabad High Court
SMT. NANKI DEVI AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The order allowing the revision and directing a fresh hearing was lawful and therefore cannot be quashed.
Summary
The applicants, Smt. Nanki Devi and another, filed an application under Section 528 of the BNSS seeking to quash the order dated 21 February 2026 passed by the Additional District & Sessions Judge (Special Judge, Prevention of Corruption Act) in Kanpur Nagar. The impugned order had allowed a revision filed by the opposite party No. 2 and set aside an earlier order of the Additional Chief Judicial Magistrate that had rejected the same party’s complaint. The High Court examined the record and found that the revisional court correctly directed a fresh order after giving both parties a hearing, and that no illegality, impropriety or infirmity was evident in that order. Consequently, the Court held that the application to quash the order was without merit. The application was therefore dismissed.
Issues considered
- Whether the order of the Additional District & Sessions Judge allowing the revision and setting aside the magistrate's order is liable to be quashed under Section 528 of the BNSS.
Legislation cited
- BNSS Act — s. 528
Subjects
- Section 528
- BNSS
- quash order
- revision
- Prevention of Corruption Act
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15925 of 2026
Smt. Nanki Devi And Another
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Shyam Narayan Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, 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 the order dated 21.02.2026 passed by learned Additional District &
Sessions Judge/ Special Judge, Prevention of Corruption Act, Court No.
1, Kanpur Nagar in Criminal Revision No. 22 of 2024 (Smt. Nisha Devi
Vs. State and others), whereby the revision filed by the opposite party No.
2 was allowed by the court of Sessions while rejecting the order dated
22.12.2023 passed by the learned Additional Chief Judicial Magistrate,
Kanpur Nagar, rejecting the complaint filed by the opposite party No. 2.
3. On perusal of the record, the Court finds that on the complaint filed by
the opposite party No. 2 to summon the accused-applicants to face the
trial was rejected by the court of learned Additional Chief Judicial
Magistrate, Kanpur Nagar, which order was challenged by the opposite
party No. 2 before the revisional court, who vide its impugned order
allowed the said revision while rejecting the order of the concerned trial
court directed the court consider to pass fresh order in accordance with
law after giving opportunity of hearing to both the parties. Thus, there
appears no illegality, impropriety or infirmity in the impugned order and
same has been passed in correct perspective.
4. The application has no merit and is liable to be dismissed.
5. Dismissed accordingly.
(Dr. Gautam Chowdhary,J.)
May 5, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
Checking your session…