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2026 DAILYLAW 14391 (ALL)

AMARJEET AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/42279/2026 · 2026-10-08

Deepak Verma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42279 of 2026 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 528 BNSS application has been filed to quash the entire proceedings of Complaint No. 2120/9/of 2018 (Nasir Vs. Amarjeet and another), under Sections 323, 504, 506 I.P.C., Police station Mansoorpur, District Muzaffarnagar pending in the court of Judicial Magistrate, Court No.2, Muzaffarnagar as well as summoning order dated 01.02.2019 passed by Additional Chief Judicial Magistrate, Court No.3, Muzaffarnagar. 3. The contention of learned counsel for the applicants is that all allegation in complaint is false and baseless and not supported by any evidence. No case under the alleged sections is made out. 4. Per contra, learned AGA opposed the submission of applicants' counsel and submitted that prima facie, offence under the alleged sections is made out against the applicants. He further submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage. 5. The prayer for quashing the entire proceedings, cognizance/summoning order of the aforesaid case against the applicants is, hereby, refused. 6. However, if applicants move discharge application before the concerned court below, within three weeks, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application. Versus Counsel for Applicant(s) : Pradeep Kumar Sharma, Santosh Kumar Mishra Counsel for Opposite Party(s) : G.A. Amarjeet And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. Till disposal of discharge application, no coercive action shall be taken against the applicants in the aforesaid case. 8. With the above directions, this 528 BNSS application is disposed of. October 9, 2026 Nitin Verma NA528 No. 42279 of 2026 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad