CHHOTELAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/8236/2025 · 2025-03-20
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23838 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23838 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:41961 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.858) Court No. - 53 Case :- APPLICATION U/S 528 BNSS No. - 8236 of 2025 Applicant :- Chhotelal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra,Ankit Mishra Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant and Sri Gyan Bahadur Patel, learned A.G.A. for the State. 2. This application under Section 528 BNSS has been filed by the applicant seeking quashing of the summoning order dated 09.12.2024 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Auraiya in Complaint Case No.173 of 2024, under Sections 406, 323, 504, 506 I.P.C., P.S.- Bidhuna, District Auraiya, pending in the Court of learned Civil Judge (Jr. Division)/Judicial Magistrate, Bidhuna, Auraiya. 3. The brief facts of the case are that the daughter of the applicant no.1 was married to the son of the opposite party no.2. There arose a matrimonial dispute between the parties. In pursuance thereof, various complaints have been filed by the daughter of the applicant no.1 against the opposite party no.2 and his family members and in pursuance of the aforesaid matrimonial dispute the instant complaint has also been lodged by the opposite party no.2 against the applicants herein. 4. After recording the statements under Sections 200 and 202 Cr.P.C., the trial court after recording its satisfaction that a prima facie case has been made out against the applicants herein, has summoned the applicants herein for the offence under Sections 406, 323, 504, 506 I.P.C.
5. Learned counsel for the applicants submits that the instant complaint is nothing but a counterblast to the complaints and proceedings initiated by the daughter of the applicant no.1 herein. Therefore, he seeks quashing of the summoning order dated 09.10.2024 passed against the applicants herein. 6. This Court has gone through impugned order and from the impugned order it is apparent that the trial court has gone through entire complaint as well as the statements of witnesses recorded under Section 200 and 202 Cr.P.C. and after having recorded its prima facie satisfaction has summoned the applicants herein. 7. In view thereof, only because it appears to be a counterblast case and the veracity of the same cannot be doubted.
In view thereof, this Court does not find any good reason to interfere with the summoning order dated 09.10.2024, which has been passed considering the material available on record. Accordingly, the instant application is dismissed. Order Date :- 21.3.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad