Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37460 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 impugned Summoning Order dated 14.03.2024 passed by Additional Chief Judicial Magistrate/Civil Judge (Senior Division) /F.T.C., Ghaziabad, District-Ghaziabad as well as entire proceedings of Complaint Case No. 1800 of 2023 (Gulab Chand Vs. Smt. Asha and Another), under Sections-406, 504, 506 I.P.C., Police Station-Lind Road, District- Ghaziabad, pending in the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Divison) /F.T.C., Ghaziabad, District- Ghaziabad.
3. The contention of learned counsel for the applicant 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. On perusal of order sheet it is apparent that the proceeding before trial court is listed U/s 244 Cr.P.C. and prosecution witnesses are being examined.
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 Versus Counsel for Applicant(s) : Ajeet Kumar Madhesia Counsel for Opposite Party(s) : G.A. Durgesh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
concerned court below, at appropriate stage, the court below shall decide his 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. September 9, 2026 Nitin Verma NA528 No. 37460 of 2026 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad