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2025 DAILYLAW 76518 (ALL)

RANJAN SINGH v. STATE OF U.P. AND ANOTHER

NA528/26218/2025 · 2025-08-06

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134163 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 26218 of 2025 Applicant :- Ranjan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Narayan Tiwari,Sanjiv Kumar Dwivedi Counsel for Opposite Party :- G.A.,Saumitra Dwivedi Hon'ble Vikram D. Chauhan,J. Order on Criminal Misc. Amendment Application No. 4 of 2025 1. The amendment application has been filed for amending the prayer clause of the application. 2. Learned A.G.A. has no objection. 3. The amendment application is allowed. 4. Let necessary amendment be incorporated during the course of the day. Order on Application 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by the applicant for quashing the illegal summons dated 24.3.2025 issued by the A.C.J.M., 16 Allahabad against the applicant as well as entire criminal proceedings in Criminal Case No. 219 of 2024 (State Vs. Barchhi Bahadur Singh and others) arising out of Case Crime No. 454 of 2023 under Sections 494, 120-B I.P.C., P.S. Dhoomanganj Nagar (Commissionrate Prayagraj), District Prayagraj, pending in the court of Additional Judicial Magistrate 16 of Allahabad District Court. 3. Learned counsel for the applicant submits that summons have been issued on 24.3.2025, however, in the summoning order no summons have been issued against the applicant-Ranjan Singh. Learned counsel for the applicant further submits that summons have been received by the applicant although there is no summoning order against the applicant. 4. Learned counsel for opposite party no. 2 does not dispute the fact that there is no summoning order issued against the applicant and the summons have been served without there being summoning order. However, he submits that opposite party no. 2 is in the process of filing criminal revision against the summoning order. He further submits opposite party no. 2 would have no objection if the summons against the applicant are quashed subject to challenge to the summoning order before the court concerned. 5. Learned A.G.A. also does not dispute the fact that summons have been served on the applicant without there being summoning order issued from the court concerned. 6. Since the summoning order dated 24.3.2025 does not describe the name of the applicant-Ranjan Singh as the accused being summoned, this Court is not interfering in the summoning order at this stage. 7. In view of the aforesaid, the application under Section 528 BNSS is allowed and the summons dated 24.3.2025, which annexed at page no. 29 of the supplementary affidavit dated 1.8.2025, issued by the A.C.J.M., 16 Allahabad in Criminal Case No. 219 of 2024 (State Vs. Barchhi Bahadur Singh and others) arising out of Case Crime No. 454 of 2023 under Sections 494, 120-B I.P.C., P.S. Dhoomanganj Nagar (Commissionerate Prayagraj), District Prayagraj, is hereby quashed. Order Date :- 7.8.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad