Allahabad High Court · 2026-04-23
APPLICATION U/S 528 BNSS No. 14782 of 2026 at Allahabad
- Citation / case number
- APPLICATION U/S 528 BNSS No. 14782 of 2026 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- APPLICATION U/S 528 BNSS No. 14782 of 2026 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14782 of 2026 Anil Kumar Dubey .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Jitendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard counsel for the applicant and learned AGA for the State. 2. The present 528 B.N.S.S. application has been filed to quash the impugned summoning order dated 15.03.2024 passed by Civil Judge (Junior Division), Sant Kabir Nagar as well as entire proceedings in Complaint Case No.8600 of 2023 (Hemant Kumar Gupta vs. Anil Kumar Dubey), under Section 138 N.I.Act, Police Station Mehdawal, District Sant Kabir Nagar. 3. Learned counsel for the applicant submits that the present complaint is defective and is not maintainable as from perusal of complaint, it is apparent that the applicant has not mentioned that on which date notice given to the applicant. It is next submitted that whole proceeding against the applicant is malice prosecution and is liable to be set aside. It is alleged in the complaint that the applicant borrowed money from opposite party no.2 to sale the property. There