ANIL KUMAR SHARMA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/37639/2026 · 2026-09-08
Deepak Verma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6210 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6210 (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. - 37639 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present application u/s 528 BNSS has been filed to quash the entire proceedings as well as order dated 20.09.2021 through which the learned Additional Chief Judicial Magistrate-5th, Meerut took the cognizance and summoned the applicants in Complaint Case No. 50510 of 2019 (Devendra Kumar Sharma vs Anil Kumar Sharma and others) Under Section 504, 506 of Indian Penal Code1860 registered at Police Station- Civil Lines, District- Meerut.
3. Learned counsel for the applicants submits that the applicants have challenged the order dated 20.09.2021 and submitted that on perusal of complaint and other materials evidence, no offence is made out against the applicants. The order annexed with the application reveals that the proceedings before the trial court are at advance stage and the prosecution witnesses are being examined u/s 244 Cr.P.C. and the proceedings before the trial court is posted for evidence.
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 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, charge sheet, cognizance/summoning order of the aforesaid case against the applicant Versus Counsel for Applicant(s) : Dhruv Rastogi Counsel for Opposite Party(s) : G.A. Anil Kumar Sharma And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
is, hereby, refused.
6. However, if applicants moves discharge application before the concerned court below before appropriate stage, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application.
7. With the above directions, the present application u/s 528 BNSS is disposed of. September 9, 2026 Nisha NA528 No. 37639 of 2026 2 (Deepak Verma,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad