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Allahabad High Court

AMILversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court refused to quash the summoning order and directed the applicant to file a discharge application.

Summary

The applicant filed an application under Section 528 seeking to quash a summoning order dated 08‑07‑2019 issued by the Chief Judicial Magistrate, Sambhal, in a case under Sections 4, 5, 6 and 23 of the PC‑PNDT Act, 1994. The applicant alleged that the complaint’s allegations were false, baseless and unsupported by evidence, and that no offence was made out. The State opposed, contending that a prima facie case existed and that factual disputes could not be decided at this stage. The High Court refused to quash the summoning order, directing the applicant to move a discharge application within three weeks and staying any coercive action pending that application. The 528‑BNSS application was consequently disposed of.

Issues considered

  • Whether the summoning order dated 08‑07‑2019 can be quashed under the provisions of Section 528.
  • Whether the allegations in the complaint under the PC‑PNDT Act are false and baseless.
  • Whether disputes of fact can be entertained at the stage of a Section 528 application.

Legislation cited

Subjects

  • Section 528 application
  • quash of summons
  • PC‑PNDT Act
  • discharge of accused
  • preliminary hearing
  • summoning order
  • Allahabad High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 528 BNSS No. - 18318 of 2026

                                    Amil
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                                   :     Irshad Ahmad
                                    Counsel for Opposite Party(s)                              :     G.A.

                                    Court No. - 74
                                                              HON'BLE DEEPAK VERMA, J.

                                    1. Heard learned counsel for the applicant and learned A.G.A. for the State.

                                    2. The present 528 BNSS application has been filed to quash the summoning Order
                                    dated 08.07.2019, Passed by Chief Judical Magistrate Sambhal at Chandausi in case
                                    no. 1251 of 2019, Under Sections 4, 5, 6 and 23 P.C.P.N.D.T Act 1994 (Dr Afzal
                                    Kamal VS Suresh and others), P.S Sambhal, District Sambhal.

                                    3. The contention of learned counsel for the applicant is that all allegation made in the
                                    complaint is false and baseless and not supported by any evidence. No case under the
                                    alleged sections is made out.

                                    4. Per contra, learned AGA opposed the submission of applicant's counsel and
                                    submitted that prima facie, offence under the alleged sections is made out against the
                                    applicant. He further submitted that submission raised by applicant's counsel, are
                                    disputed question of facts, which cannot be entertained at this stage.

                                    5. The prayer for quashing the entire proceedings, cognizance/summoning order of the
                                    aforesaid case against the applicant is, hereby, refused.

                                    6. However, if applicant moves discharge application before the concerned court
                                    below, through counsel, within three weeks from today, the court below shall decide
                                    their application in accordance with law, expeditiously, preferably within a period of
                                    eight weeks from the date of filing of discharge application.

                                    7. Till disposal of discharge application, no coercive action shall be taken against the
                                    applicant in the aforesaid case.

                                    8. With the above directions, this 528 BNSS application is disposed of.

                                    May 5, 2026
                                    Nitin Verma
                                                                                                        (Deepak Verma,J.)




Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad


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