SANJEEV KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/20893/2025 · 2025-08-19
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66736 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66736 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:142454 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 20893 of 2025 Applicant :- Sanjeev Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Comments sent by the court concerned is on record. Heard Shri Krishna Kant Yadav, learned counsel for the applicants and Sri Alok Mishra, learned A.G.A. for the State. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 17.01.2025 passed by Additional Chief Judicial Magistrate, Court No. 7 Agra in Complaint Case No. 2642 of 2016, by which the date is fixed 20.02.2025 for taking cognizance. Present matter is related to passing of cognizance order afresh after quashing the earlier cognizance order dated 12.4.2017 by a co- ordinate Bench of this Court vide order dated 6.11.2017 passed in Application U/S 482 No. 36155 of 2017 without issuing any direction for taking the cognizance afresh. Matter between the parties is settled on the basis of report dated 16.4.2018 of mediation and conciliation centre of this Court. Explanation/comment has been sent by the court concerned which found satisfactory. There is no need to issue notice to other party because matter is settled between the parties and cognizance order dated 12.4.2017 has been quashed by a co-ordinate Bench of this Court. In view of above facts and circumstances of the case, quashing of cognizance order dated 17.1.2025 is abuse of process of law after considering the comments of the concerned officer as well as other circumstances in which District Courts are functioning. Cognizance order dated 17.1.2025 is, hereby, quashed. Present application under Section 528 of B.N.S.S. is allowed.
A copy of this order be sent to the Court concerned immediately for compliance. Order Date :- 20.8.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad