Asif and 6 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Asif and 6 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Substantive prayer refused — quashing of the proceedings and summoning order not granted ('Accordingly, prayer of the applicants is refused.'). Protective directions only: bail applications moved within 30 days to be disposed of expeditiously in light of Satender Kumar Antil (2021) 10 SCC 773, and no coercive measures against the applicants for 30 days or till the bail application.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 3137 of 2023 (Eena Begum Vs. Asif and 6 others) under Sections 323, 452, 506 IPC, including the summoning order dated 30.04.2024 passed by the Chief Judicial Magistrate, Bareilly, could be quashed by way of an application under Section 482 Cr.P.C.

Court's answer

From the perusal of the material on record, at this stage it cannot be said that prima facie no offence is made out against the applicants; all submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court under Section 482 Cr.P.C., that power being exercisable only where there has been failure of justice or misuse of judicial mechanism or procedure, to prevent abuse of process or miscarriage of justice — therefore, no interference is required and the prayer to quash is refused.

Key takeaways

It is directed that in case the applicants apply for bail before the concerned court within 30 days, the bail application shall be considered and disposed of expeditiously in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.obiter¶11
For a period of 30 days from the date of this order, or till the time the applicants apply for the bail application before the court concerned, no coercive measures shall be taken against the applicants.obiter¶15

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD, Court No. 78 — APPLICATION U/S 482 No. 34858 of 2024, decided September 18, 2025, Hon'ble Nand Prabha Shukla, J. (single bench). Applicants Asif and 6 Others sought, by application under Section 482 Cr.P.C., quashing of the entire proceedings of Complaint Case No. 3137 of 2023 (Eena Begum Vs. Asif and 6 others) under Sections 323, 452, 506 IPC, P.S. Kotwali, District Bareilly, including the summoning order dated 30.04.2024 passed by the Learned Chief Judicial Magistrate, Bareilly. Held (ratio): on perusal of the material on record, at this stage it cannot be said that prima facie no offence is made out against the applicants; all submissions at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court under Section 482 Cr.P.C., that power being exercisable only in cases of failure of justice or misuse of judicial mechanism or procedure to prevent abuse of process or miscarriage of justice — therefore, no interference is required and the prayer is refused. Application disposed of with protective directions: any bail application made within 30 days shall be considered and disposed of expeditiously in the light of the law laid down by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another ((2021) 10 SCC 773); and for 30 days, or till the bail application is made before the court concerned, no coercive measures shall be taken against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 34858 of 2024

Asif And 6 Others

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Kamal Singh, Ram Charan Lal : G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of Complaint Case No. 3137 of 2023 (Eena Begum Vs. Asif and 6 others), under Sections 323, 452, 506 IPC, P.S. Kotwali, District Bareilly including summoning order dated 30.04.2024 passed by Learned Chief Judicial Magistrate, Bareilly.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required.

Accordingly, prayer of the applicants is refused.

However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by

A482 No. 34858 of 2024

2

the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773 .

For a period of 30 days from today or till the time of applying the bail application before the court concerned, no coercive measures shall be taken against the applicants.

With the above observations, this application under Section 482 Cr.P.C. is disposed of.

(Nand Prabha Shukla,J.)

September 18, 2025 Nisha

Digitally signed by :- nisha kumari High Court of Judicature at Allahabad