Hafiz Ali vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Hafiz Ali vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing the summoning order dated 25.03.2025 and the proceedings of Complaint Case No. 1695 of 2024 declined; however, the application disposed of with directions that a discharge application moved through counsel shall be decided by the Trial Court within six weeks by a reasoned and speaking order after hearing both parties, and that no coercive measures shall be taken against the applicant till disposal of the discharge application.

Issue for consideration

Whether the summoning order dated 25.03.2025 and the entire proceedings of Complaint Case No. 1695 of 2024 under Sections 309(2), 352, 351(2), 115(2) BNS are liable to be quashed in exercise of the Court's power under Section 528 BNSS.

Court's answer

On the material on record, at this stage it cannot be said that no offence is made out against the applicant; the submissions advanced were on disputed questions of fact which cannot be adjudicated by this Court in a quashing jurisdiction, and accordingly the prayer for quashing was declined.

Ratio / Principle

Since the matter pertains to a warrant case instituted on private complaint, if the applicants move a discharge application through counsel at an appropriate stage, the Trial Court shall dispose of it in accordance with law, after affording opportunity of hearing to both parties, by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment.

Key takeaways

The power to quash may be exercised only in cases where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.obiter¶10
Until the disposal of the discharge application, no coercive measures shall be taken against the applicant in the aforesaid complaint case.ratio¶16

Detailed headnote1 paragraphs

Quashing application under Section 528 BNSS — summoning order dated 25.03.2025 in Complaint Case No. 1695 of 2024 (Smt. Shashi Singh v. Atikurrehman and others) under Sections 309(2), 352, 351(2), 115(2) BNS, P.S. Rasoolabad, District Kanpur Dehat (warrant case instituted on private complaint) — HELD: on the material on record it cannot be said that no offence is made out against the applicant; submissions raised disputed questions of fact which cannot be adjudicated upon in quashing jurisdiction, the power being exercisable only where there is failure of justice or abuse of procedure — prayer for quashing declined; application disposed of with directions that a discharge application moved through counsel shall be decided by the Trial Court within six weeks by a reasoned and speaking order after hearing both parties, and that till its disposal no coercive measures shall be taken against the applicant. (Nand Prabha Shukla, J.; 03.11.2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 25413 of 2025

Hafiz Ali

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Abhishek Tripathi
Counsel for Opposite Party(s) : G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application under Section 528 BNSS has been filed with a prayer to quash the summoning order dated 25.03.2025 as well as entire proceeding of Complaint Case No. 1695 of 2024 (Smt. Shashi Singh v. Atikurrehman and others) under Sections 309(2), 352, 351(2), 115(2) BNS, Police Station-Rasoolabad, District-Kanpur Dehat before Additional District and Sessions Judge, Court No.3/Special Judge (Dacoity Affected Area), Kanpur Dehat.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice.

Accordingly, prayer for quashing is declined.

However, in the interest of justice as the matter pertains to warrant case instituted on private complainant, it is provided that in case the applicants move an application for discharge through counsel at an appropriate stage, the same shall be disposed of by the Trial Court in accordance with law after

NA528 No. 25413 of 2025

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giving opportunity of hearing to both the parties by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment.

Till the disposal of the discharge application, no coercive measures shall be taken against the applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of .

(Nand Prabha Shukla,J.)

November 3, 2025

Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad