REENA DALAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/35035/2025 · 2025-09-11
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 93932 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93932 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35035 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned A.G.A. for State. 2. The instant application has been preferred with prayer to quash the entire proceeding of Case no. 1233 of 2025 (State vs. Dr. Riya and others) arising out of Case Crime no. 1036 of 2024, under sections 3(1), 3(2), 3(3), 4, 5(1)A, 5(1)B, 5(1)C, 5(2), 6B, 29, 23, 25 Pre-Conception and Pre-Natal Diagnostic Techniques Act and sections 318(4), 61(2) BNS, PS- Baghpat, District Baghpat, including charge sheet no. 80 of 2025 dated 14.02.2025, pending in court of learned Chief Judicial Magistrate, Baghpat and quash the summoning order dated 17.02.2025 passed by learned Chief Judicial Magistrate, Baghpat. 3. At the very outset, learned counsel for applicants submitted that in identical matter, co-accused, Dr. Mahendra Khanna, preferred Application u/s 528 BNSS no. 31199 of 2025 (Dr. Mahendra Khanna vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 23.08.2025 (Annexure no.12) has been passed by this Court, whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicants, who are also implicated in same Case Crime no.1036 of 2024 and the similar argument has been raised by learned counsel for applicants for challenging the said proceedings. 4. Although, learned AGA opposed the prayer sought through instant application but did not dispute the fact in respect of judgment and order dated 23.08.2025. Versus Counsel for Applicant(s) : Satyendra Narayan Singh, Vikas Singh Counsel for Opposite Party(s) : G.A. Reena Dalal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. In view of foregoing discussion, parity of judgment and order dated 23.08.2025 is applicable in favour of applicants and as such entire proceeding arising out of Case Crime No.1036 of 2024, which culminated into preferring the charge sheet on dated 14.02.2025, thereafter order passed by learned concerned court by way of passing summoning order on dated 17.02.2025 is hereby quashed and set aside in respect of applicants herein, in the light of judgment and order dated 23.08.2025 passed in case of Dr. Mahendra Khanna (supra). 6.
Mahendra Khanna (supra). 6. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants, if required in future, in accordance with law. 7. The instant application u/s 528 BNSS stands allowed accordingly. September 12, 2025 Saif NA528 No. 35035 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad