SMT CHAYENA PURWAR AND 2 OTHERS v. STATE OF UP AND ANOTHER
NA528/14197/2026 · 2026-04-29
Saurabh Srivastava
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4213 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4213 (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. - 14197 of 2026 Court No. - 79 HON'BLE CHAWAN PRAKASH, J.
Order on Criminal Misc. Amendment Application No. Nil of 2026
1. Let this application be numbered by the office.
2. This is an amendment application seeking to incorporate some necessary amendments in the prayer clause.
3. The amendment is formal.
4. The application is allowed.
5. Let the necessary amendment be incorporated during the course of the day.
Order on application U/S 528 BNSS
1. Learned Counsel for the applicants and learned A.G.A. are present.
2. This application has been filed under Section 528 BNSS by the applicants with the prayer to quash the impugned summoning order dated 08.12.2025 as well as entire proceedings of Case No. 931 of 2025 arising out of Case Crime No. 69 of 2025, under Sections 324(2), 351(3) and 352 BNS, Police Station Mutthiganj, District Prayagraj, pending in the Court of Additional Chief Judicial Magistrate, Court No.10, Allahabad.
3. Learned Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to some family dispute. He further submits that the applicant no.2 and opposite party no.2 are real brother. The opposite party no.2 lodged an F.I.R. Case Crime Versus Counsel for Applicant(s) : Anil Kumar Singh, Vaibhav Mishra Counsel for Opposite Party(s) : G.A. Smt Chayena Purwar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
No. 69 of 2025, under Sections 324(2), 351(3) and 352 BNS, Police Station Mutthiganj, District Prayagraj against the applicants. After investigation, charge-sheet was filed against the applicants and the learned Magistrate has taken cognizance on it, whereas no prima facie case is made out against the applicants.
4. Matter requires consideration.
5. Issue notice to the opposite party no.2, returnable at an early date.
6. List on 17.07.2026 before appropriate Bench along with a report regarding service of notice.
7. Meantime, learned Counsel for the opposite party no.2 may file a counter affidavit within two weeks.
8. Rejoinder affidavit, if any, may be filed within one week thereafter.
9. Till the next date of listing, further proceedings of the aforesaid case shall remain stayed. May 15, 2026 Vijay NA528 No. 14197 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad