Criminal Case No. 4672 of 2026 · Allahabad High Court
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Provisions considered
Judgment
Heard Shri Krishna Kant Dubey, learned counsel for the applicant and Shri A.K. Rai, learned A.G.A. for the State. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of criminal case No. 4672 of 2026, arising out of case crime No. 144 of 2022, under Sections 420, 467, 468, 471, 120-B, I.P.C., Police Station- Indrapuram, District Ghaziabad as well as cognizance/summoning order dated 19.2.2026, pending in the court of Chief Judicial Magistrate, Ghaziabad. Learned counsel for the applicant submits that the first information report dated 9.2.2022 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that impugned F.I.R. has been lodged on the basis of an application under Section 156(3), Cr.P.C. It is further submitted that as per allegation of F.I.R, all the allegations are related to purely civil dispute and the first informant instead of filing a suit for Specific Performance of Contract/recovery of money, has lodged impugned F.I.R. It is further submitted that the first informant converted the civil dispute into a criminal case. Prima facie, matter requires consideration. Learned A.G.A. has accepted notice on behalf of opposite party No. 1. Issue notice to opposite party no.2 returnable at an early date. 2 NA528 No. 11110 of 2026 Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may be filed within one week thereafter. List after eight weeks. Until further orders of this Court, further proceedings of the aforesaid case shall remain stayed against the applicant. March 20, 2026 T. Sinha (Sanjay Kumar Pachori,J.)
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