Allahabad High Court
Aditya Mittal vs State Of U.P. And Another on 12 May, 2025
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:76544 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 13031 of 2025 Applicant :- Aditya Mittal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including summoning order dated 16.01.2025, passed by learned A.C.J.M.-Ist, Gorakhpur in Complaint Case No. 33503 of 2024 (Shikha Gupta vs. Aditya Mittal), under Sections 323, 498A, 406, 504, 506 I.P.C., P.S.- Gorakhnath, District- Gorakhpur, pending before the court of A.C.J.M.-Ist, Gorakhpur.
3. It is submitted by learned counsel for the applicant that applicant is husband of opposite party no.2 and their marriage has taken place on 02.12.2022. The allegations of dowry demand and harassment of opposite party no.2 / complainant are vague and false. Learned counsel has referred various factual aspects of the matter as well as DNA report and submitted that no prima-facie case is made out against the applicant. It was also submitted that a revision has been preferred against summoning order dated 16.01.2025 before Session Court, which is still pending. Referring to facts of the matter, it was submitted that impugned proceedings are malicious and thus liable to be quashed.
4. Learned AGA submitted that as the revision filed by the applicant against impunged summoning order is pending thus, this application under Section 528 BNSS against summoning order is not maintainable.
5. I have considered submissions of the parties and perused the record.
6. It is apparent from record that in this application under Section 528 BNSS prayer has been filed for quashing of impugned summoning order dated 16.01.2025. It has been pointed out that a criminal revision, filed by applicant, against impugned order dated 16.01.2025, is already pending before Session Court. Thus, it is apparent that this application under Section - 528 BNSS against impugned order dated 16.01.2025 is not maintainable.
7. Accordingly, this application under Section - 528 BNSS is dismissed as not maintainable.
Order Date :- 12.5.2025 'SP'/-