Allahabad High Court
DURGESHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The High Court refused to quash the summoning order and the proceedings, dismissing the Section 528 application.
Summary
The applicant Durgesh filed a Section 528 BNSS application seeking to quash a summoning order dated 14‑03‑2024 and the entire proceedings of Complaint Case No. 1800 of 2023 (Gulab Chand v. Smt. Asha) pending before the Additional Chief Judicial Magistrate/Civil Judge (Senior Division) in Ghaziabad. He contended that the complaint, which alleges offences under IPC sections 406, 504 and 506, is false, baseless and unsupported by any evidence. The High Court examined the order sheet and observed that the trial is proceeding under Section 244 of the CrPC with prosecution witnesses being examined. The Court refused the prayer to quash the summoning order and the proceedings, holding that the application could not be entertained. It directed the applicant to move a discharge application before the trial court, to be decided within eight weeks, and ordered that no coercive action be taken against him pending disposal. Consequently, the application was dismissed.
Issues considered
- Whether the summoning order dated 14‑03‑2024 and the pending proceedings can be quashed under Section 528 of the CrPC
- Whether the allegations in the complaint under IPC sections 406, 504 and 506 are false and merit dismissal
Legislation cited
- Code of Criminal Procedure, 1973 — s. 244, 528
- Indian Penal Code — s. 406, 504, 506
Subjects
- Section 528 CrPC
- quash order
- summoning order
- discharge application
- criminal procedure
- complaint case
- coercive action
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37460 of 2026
Durgesh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajeet Kumar Madhesia
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
impugned Summoning Order dated 14.03.2024 passed by Additional
Chief Judicial Magistrate/Civil Judge (Senior Division) /F.T.C.,
Ghaziabad, District-Ghaziabad as well as entire proceedings of Complaint
Case No. 1800 of 2023 (Gulab Chand Vs. Smt. Asha and Another), under
Sections-406, 504, 506 I.P.C., Police Station-Lind Road, District-
Ghaziabad, pending in the court of Additional Chief Judicial
Magistrate/Civil Judge (Senior Divison) /F.T.C., Ghaziabad, District-
Ghaziabad.
3. The contention of learned counsel for the applicant is that all allegation
in complaint is false and baseless and not supported by any evidence. No
case under the alleged sections is made out.
4. On perusal of order sheet it is apparent that the proceeding before trial
court is listed U/s 244 Cr.P.C. and prosecution witnesses are being
examined.
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
NA528 No. 37460 of 2026
2
concerned court below, at appropriate stage, the court below shall decide
his 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.
(Deepak Verma,J.)
September 9, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
Checking your session…