NISHANT VERMA @ AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
NA528/1323/2025 · 2025-10-07
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166276 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166276 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1323 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application has been filed with the following prayer:-
"To quash the impugned notice under section 130 BNSS 2023 dated 03.09.2025 issued by opposite party no.3 i.e. Assistant Commissioner of Police / Executive Magistrate (Vibhuti Khand), Police Commissionerate, Lucknow in Case No.819 of 2025 "State Vs. Nishant Verma and others", under section 126/135 BNSS, Police Station Chinhat, District Lucknow, contained as Annexure No.1 to this application and to quash the further proceeding of the aforesaid case arising after the notice dated 03.09.2025."
3. Learned counsel for the applicants submits that marriage of the applicants' sister- Anjali Verma alias Kajal was solemnized with one Anil Verma r/o Nandrashi, Post- Atiya, Tehsil- Fatehpur, District- Barabanki. He further submits that the applicants' sister left her in-laws' house and joined the company of one Nitesh s/o Prem Gautam r/o Bhitahari, Goyala, Police Station- Chinhat, Lucknow, as a result, due to annoyance, her father gave a declaration in the newspaper, by which, he ousted his daughter from his property and a suit was also filed before the competent Court. In the meantime, the applicants' sister visited her parental house along with Nitesh and started quarreling by claiming her share in her father's property. He next submits that the complaint was made to the Versus Counsel for Applicant(s) : Mata Prasad Chaturvedi Counsel for Opposite Party(s) : G.A. Nishant Verma @ And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
police, but in place of taking proper action, the proceeding u/s 130 B.N.S.S. was initiated against the applicants, hence, indulgence of this Court is required. 4. Learned A.G.A. has placed instructions dated 20.09.2025 duly signed by Mr. Dhananjay Kumar Singh, Sub Inspector, Police Station- Chinhat, District- Lucknow, which are taken on record. 5. It is evident from the aforesaid instructions that the applicants' sister has joined the company of one Nitesh on her own wish, as a result, her father was annoyed. The applicants' sister started claiming her share in the father's property, but the same was not given to her, and his father has also filed a Regular Suit No. 1517 of 2025. 6.
Having perused the impugned notice and the aforesaid instructions, it is apparent that the applicants' sister is claiming her share in her father's property, but her father was annoyed with her and denied to give her share and issued several declarations in the newspaper, by which, he ousted her daughter from his property. 7. In view of above, the instant application is disposed of with liberty to the applicants to submit comprehensive reply before the competent authority within a period of three weeks from today. In case any such reply is submitted, same shall be considered and decided by passing a reasoned and speaking order. 8. In the meantime, no coercive action shall be taken against the applicants. 9. In the meantime, the applicants can furnish personal bond before the competent authority, however, they need not to furnish the sureties as mentioned in the notice. October 7, 2025 Arpan NA528 No. 1323 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench