Allahabad High Court
AKIL AHAMADversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DEEPAK VERMA
Holding
The Court dismissed the second application, holding that a duplicate petition on the same facts cannot be entertained.
Summary
The applicant, Akil Ahamad, filed an application under Section 528 of the Criminal Procedure Code seeking to quash an order dated 10 July 2026 passed by the Principal Judge of the Family Court, Rampur, in a criminal miscellaneous case under Section 125(3) CrPC. The applicant had earlier filed a similar application (BNSS No.1750 of 2026) challenging an earlier order dated 19 December 2025 in the same matter. The High Court observed that the present application was a second petition based on the same facts and the same proceedings, which had already been decided. Consequently, the Court held that no further interference was warranted. The application was dismissed with the observation that the matter had already been adjudicated.
Issues considered
- Whether a second application under Section 528 CrPC can be entertained when a prior application on the same facts has already been decided
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125(3), 144(3), 528
Subjects
- Section 528 CrPC
- res judicata
- duplicate petition
- Family Court
- quash order
- Criminal Miscellaneous proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38595 of 2026
Akil Ahamad
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Pankaj Kumar Mishra, Saurabh Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard Sri Pankaj Mishra, learned counsel for the applicant and Sri P. P. Pandey,
learned AGA for the State.
2. The present 528 BNSS application has been filed to quash the impugned order
dated 10.07.2026 passed by Principal Judge, Family Court, Rampur in Crim. Misc.
Case No. 124 of 2026 (Miskeen Vs. Akil Ahamad) under section 125(3) Cr.P.C.
pending before the Principal Judge, Family Court, Rampur, Police Station Kemari,
District Rampur.
3. Earlier applicant filed Application U/s 528 BNSS No.1750 of 2026 before co-
ordinate Bench of this Court with prayer that "the impugned order dated 19.12.2025
passed by Principal Judge, Family Court, Rampur in Criminal Misc. Case No.654 of
2024 (Miskeen Vs. Akil Ahamad), U/s 144(3) BNSS, pending before Principal Judge,
Family Court, Rampur, PS Kameri, District Rampur.". Instant petition filed by
applicant for quashing of order passed for recovery of the amount. Applicant will not
be permitted to file petition as earlier the petition had been filed for the same set of
facts and the same had been decided and this is second petition for the same set of
facts, arising out of proceeding U/s 125 Cr.P.C., as such, no interference is warranted
at this stage.
4. The present 528 BNSS application of applicant-Akil Ahamad, is hereby dismissed
with the aforesaid observation.
September 14, 2026
Nitin Verma
(Deepak Verma,J.)
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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