Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14828 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant, Sri Ajay Kumar Srivastava, learned counsel for opposite party no. 2 and learned AGA for State.
2. Present application has been preferred with prayer to quash order dated 25.3.2026 passed by learned Additional District and Sessions Judge, Second Hapur passed in Criminal Revision no. 44 of 2026 (Akanksha Chaudhary vs. Mahendra Singh and another) arising out of Case Crime no. 221 of 2025 under sections 318(4), 316(2), 115(2), 352, 351(2) BNS, PS- Babugarh, District Hapur filed against order dated 16.3.2026 passed by learned Chief Judicial Magistrate, Hapur whereby direction has been issued to transfer the disputed amount in question from account of applicant to account of opposite party no. 2.
3. The prayer as made through instant application is misconceived. The proper adjudication of the prayer which has been raised through instant application is need not to be interfered since cause of action, if arises in favour of the applicants for seeking similar prayer lies before learned trial court itself where the matter is pending in shape of Case Crime no. 221 of 2025, since the cause as shown for seeking prayer as made through instant application is related to ethical behaviour which has been warranted from the opposite party no. 2 so that he may not commit any crime in future. No adjudication before this Court is maintainable at the behest of apprehension and presumptions or any threat to commit certain further crime in future. Versus Counsel for Applicant(s) : Abhishek Tripathi, Akhilesh Kumar Mishra Counsel for Opposite Party(s) : Ajay Kumar Srivastava, G.A. Akanksha Chaudhary .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
4. The instant application u/s 528 BNSS stands dismissed. September 9, 2026 Shaswat NA528 No. 14828 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad