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Allahabad High Court

SMT. NANKI DEVI AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

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

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


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