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2026 DAILYLAW 2546 (ALL)

AMIL v. STATE OF U.P. AND ANOTHER

NA528/18318/2026 · 2026-05-04

Deepak Verma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18318 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 528 BNSS application has been filed to quash the summoning Order dated 08.07.2019, Passed by Chief Judical Magistrate Sambhal at Chandausi in case no. 1251 of 2019, Under Sections 4, 5, 6 and 23 P.C.P.N.D.T Act 1994 (Dr Afzal Kamal VS Suresh and others), P.S Sambhal, District Sambhal. 3. The contention of learned counsel for the applicant is that all allegation made in the 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 applicant's counsel and submitted that prima facie, offence under the alleged sections is made out against the applicant. 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 applicant is, hereby, refused. 6. However, if applicant moves discharge application before the concerned court below, through counsel, within three weeks from today, 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. 7. Till disposal of discharge application, no coercive action shall be taken against the applicant in the aforesaid case. 8. With the above directions, this 528 BNSS application is disposed of. May 5, 2026 Nitin Verma Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. (Deepak Verma,J.) Amil .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad