RAHUL SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/36308/2026 · 2026-09-13
Deepak Verma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7257 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7257 (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. - 36308 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Supplementary affidavit filed by the learned counsel for the applicants today in the Court, is taken on record.
2. Heard learned counsel for the applicants and learned A.G.A. for the State.
3. The present 528 BNSS application has been filed to quash the impugned summoning order dated 01.11.2022 passed by learned Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad as well as entire proceedings of Criminal Case No. 1127 of 2020, Smt. Lokesh Versus Rahul Sharma and others, under Sections 406, 506 I.P.C., Police Station Tronica City, District Ghaziabad, pending in the Court of Additional Civil Judge (S.D.)-3, Ghaziabad.
4. It is argued by the learned counsel for the applicants that proceeding before the learned trial court has been posted for evidence of the prosecution witnesses under Section 244 Cr. P.C. He further argued that all allegations in complaint are false and baseless and not supported by any evidence. No case under the alleged sections is made out.
5. Per contra, learned AGA opposed the submission of applicants' counsel and submitted that prima facie, offence under the alleged sections is made out against the applicants. He further submitted that submission raised by applicants' counsel, are disputed question of facts, which cannot be entertained at this stage. The applicants are on bail/anticipatory bail. Versus Counsel for Applicant(s) : Ajay Kumar Srivastava Counsel for Opposite Party(s) : G.A. Rahul Sharma And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
They have remedy to move an application for discharge. He also submitted that in case applicants move an application for discharge within time, the concerned court will decide the same, expeditiously.
6. The prayer for quashing the entire proceedings, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused.
7. However, if applicants move discharge application before the court concerned at appropriate stage, the court concerned shall decide his application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application.
9. With the above directions, this 528 BNSS application is disposed of. September 14, 2026 T.S. NA528 No. 36308 of 2026 2 (Deepak Verma,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad