Allahabad High Court
RAKESH YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court granted a ten‑day extension for filing the counter‑affidavit and listed the case for fresh hearing on 12 May 2026, with the interim order continuing.
Summary
The applicant filed an application under Section 528 of the Code of Criminal Procedure seeking relief. The opposite party sought additional time to file a counter‑affidavit, and the court granted a ten‑day extension. The court ordered that the matter be listed afresh on 12 May 2026. The interim order previously granted was directed to remain in force until the next listing. No substantive merits of the application were decided, only procedural directions were issued.
Issues considered
- Whether the opposite party should be granted additional time to file a counter‑affidavit under Section 528 CrPC
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- CrPC
- Section 528
- interim order
- counter affidavit
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37957 of 2025
Rakesh Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Kumar Yadav, Prashant Yadav,
Rajeev Kumar
Counsel for Opposite Party(s) : G.A., Kuldeep Kumar Dixit
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Learned Counsel for the opposite party No.2 prays for and is granted
ten days and no more time to file counter affidavit.
2. List this case on 12.05.2026 as fresh.
3. Interim order, granted earlier, shall continue till the next date of listing.
(Sanjiv Kumar,J.)
April 29, 2026
Amit
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad
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