Allahabad High Court
RAHUL GARG AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The High Court set aside the impugned summoning order and directed a fresh investigation under CrPC, allowing the petition.
Summary
The applicants, Rahul Garg and others, filed an application under Section 528 of the BNSS seeking to quash a summoning order dated 18‑06‑2025 and the criminal proceedings in Complaint Case No. 1026 of 2023 (Venkatesh v. Rahul Garg & Ors.) filed under IPC sections 406, 468 and 471. Both parties, members of the Ajnara Integrity Society, had lodged FIRs against each other alleging fraud and financial misappropriation. The High Court held that the allegations required a detailed probe into the financial irregularities. Consequently, the Court set aside the impugned summoning order and directed the trial court to conduct an investigation under Section 202(1) of the Criminal Procedure Code, record statements under Sections 200 and 202, and thereafter pass a fresh order. The petition was allowed.
Issues considered
- Whether the summoning order and the criminal proceedings under IPC sections 406, 468 and 471 should be quashed under Section 528 BNSS.
- Whether a fresh investigation under Section 202(1) CrPC is warranted before proceeding with the case.
Legislation cited
- BNSS — s. 528
- Code of Criminal Procedure, 1973 — s. 200, 202(1)
- Indian Penal Code — s. 406, 468, 471
Subjects
- quash order
- criminal proceedings
- fraud
- IPC 406
- IPC 468
- IPC 471
- CrPC investigation
- Section 528 BNSS
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 26876 of 2025
Rahul Garg And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Gajendra Singh Arya, Shikhar Tandon
Counsel for Opposite Party(s) : G.A., Ramesh Kumar Pandey
Court No. - 89
HON'BLE ANIL KUMAR-X, J.
1. Heard Shri P.K. Srivastava, learned Senior Advocate assisted by Shri
Shikhar Tandon, learned counsel for the applicants, Shri Ramesh Kumar
Pandey, learned counsel for the private opposite party and Shri D.K. Rai,
learned A.G.A. for the State.
2. This application under Section 528 BNSS has been filed with the
following main prayer :-
"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to
quash the impugned summoning order dated 18.06.2025 passed by the Additional
Civil Judge (Senior Division), Court no. 6/Additional Chief Judicial Magistrate,
Ghaziabad as well as entire criminal proceedings in Complaint Case No.1026 of 2023
(Registration No. 14359 of 2024), titled Venkatesh v. Rahul Garg and Ors., under
Section 406, 468 and 471 of the IPC, Police Station: Nandgram, Dist. Ghaziabad."
3. From the submissions raised by learned counsel for the parties, it is
apparent that both parties, who were members of Ajnara Integrity Society,
Ghaziabad, have lodged complaint and FIR against each other. In all these
complaints/FIR, rival allegations have been made against each other of
committing fraud and financial irregularities.
4. In the given circumstances, this Court is of the view that the allegations
of both parties require certain deeper probe pertaining to financial
irregularities/misappropriation.
5. Hence, the impugned order dated 18.6.2025 passed in Complaint Case
No.1026 of 2023 (Venkatesh vs. Rahul Garg & Ors.) is hereby set aside.
NA528 No. 26876 of 2025
2
However, the concerned trial court shall direct an investigation as
envisaged under Section 202(1) Cr.P.C. and thereafter pass a fresh order
after considering the inquiry report along with the statements of the
complainant and his witnesses recorded under Sections 200 and 202
Cr.P.C.
6. This petition is, accordingly, allowed.
(Anil Kumar-X,J.)
May 6, 2026
SK
Digitally signed by :-
SUSHEEL KUMAR
High Court of Judicature at Allahabad
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