VIJAY KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/11836/2025 · 2025-04-09
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39081 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39081 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52512 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11836 of 2025 Applicant :- Vijay Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including summoning
order dated 31.03.2016 as well as order dated 05.01.2023, of Complaint Case No.1001/9 of 2016 (Old No.17/9 of 2014) (Narendra Kumar Vs. Vijay and Others), under Sections 382, 504, 506 I.P.C., Police Station- Sikheda, District- Muzaffarnagar, pending before the Court of Judicial Magistrate- IInd, Muzaffarnagar.
3. It has been submitted by learned counsel for the applicants that the impugned complaint has been lodged by the opposite party no.2, making false and baseless allegations. The dispute between the parties is purely civil in nature. Learned counsel has referred facts of he matter and statement of complainant recorded under Section 200 Cr.P.C. and of witnesses recorded under Section 202 Cr.P.C. and submitted that no prima-facie case is made out against the applicants.
4. Perusal of record shows that impugned summoning order was passed on 31.03.2016. As per version of complainant, applicants were granted bail in the year 2018 and thus they have
knowledge of the impugned summoning order since the year 2018 but this application under Section 528 BNSS against summoning order dated 31.03.2016 has been filed on
03.04.2025. It is correct that no period of limitation is prescribed for filing an application under Section 528 BNSS but it is well-settled that such an application has to be filed within a reasonable period. This application under Section 528 BNSS is suffering from vice and gross delay and laches and thus liable to be dismissed on this ground alone.
5. It was submitted by learned counsel for the applicants that after COVID-19 period the applicants could not appear before the trial Court and now non-bailable warrants are being issued against them. It was stated that applicant no.2 is suffering from cancer and that some protection may be granted to the applicants in order to enable them to obtain bail.
6. In view of aforesaid, it is directed that in case applicants appear/ surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
7. The application under Section 528 BNSS is disposed of in above terms.
Order Date :- 10.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad