Shyam Kishor Mishra and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shyam Kishor Mishra and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing declined; however, no coercive measures shall be taken against the applicants for 30 days or till disposal of the discharge application, whichever is earlier, and any discharge application moved through counsel within 30 days shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter.

Issue for consideration

Whether the charge sheet dated 07.01.2025 relating to Case Crime No. 0185 of 2024, the cognizance order dated 02.04.2025, and the entire proceedings of Criminal Case No. 286 of 2025 (State Vs. Manish Mishra and others) should be quashed under Section 528 BNSS.

Court's answer

On perusal of the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicants; the submissions advanced at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Ratio / Principle

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.

Key takeaways

The prayer for quashing the charge sheet, cognizance order and proceedings of Criminal Case No. 286 of 2025 is declined.ratio¶12
In the interest of justice, if the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the Trial Court shall dispose of the same by a reasoned and speaking order in accordance with law within two weeks thereafter.ratio¶16
For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), by order dated September 17, 2025, disposed of an application under Section 528 BNSS seeking quashing of the charge sheet dated 07.01.2025 relating to Case Crime No. 0185 of 2024 (Sections 147, 323, 504, 506 IPC, Police Station-Phaphamau, Prayagraj), the cognizance order dated 02.04.2025 passed by the Additional Chief Judicial Magistrate, Court No. 6, Allahabad, and the entire proceedings of Criminal Case No. 286 of 2025 (State Vs. Manish Mishra and others). The Court held that on perusal of the record it could not be said that no offence was made out against the applicants, that the submissions raised disputed questions of fact which cannot be adjudicated upon by the Court, and that the quashing power may be exercised only where there is failure of justice or abuse of procedure; accordingly the prayer for quashing was declined. The Court directed that a discharge application moved through counsel within 30 days be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter, and that no coercive measures be taken against the applicants for 30 days or till disposal of the discharge application, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 26832 of 2025

Shyam Kishor Mishra And 3 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Amit Kumar Mishra, Devendra Dahma : G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

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

This application under Section 528 BNSS has been filed to quash the charge sheet dated 07.01.2025 relating to Case Crime No. 0185 of 2024, under Sections 147, 323, 504, 506 IPC, Police Station-Phaphamau, Prayagraj and cognizance order dated 02.04.2025 passed by learned Additional Chief Judicial Magistrate, Court No. 6, Allahabad and entire proceedings of Criminal Case No. 286 of 2025 State Vs. Manish Mishra and others, under Sections 147, 323, 504, 506 IPC, Police Station-Phaphamau, Prayagraj.

Learned counsel for the applicants submits that the applicant Nos. 1 and 2 and respondent No. 2 are the real brothers and due to the dispute concerning the gift deed, the alleged FIR has been registered at a very belated stage.

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 applicants. 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, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel

NA528 No. 26832 of 2025

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within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter.

For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case.

With the aforesaid direction, this application is disposed of .

September 17, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad