Disposed¶15

Rihana and 2 Others v. State of U.P. and Another

Allahabad HC8 Sept 2025NA528/31593/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application dismissed/disposed; disputed questions of fact; no offence ruled out at this stage; Case Crime No. 0579 of 2024; Sections 504, 323, 506 IPC; P.S. Khoda, Ghaziabad; charge sheet 20.11.2024; cognizance and summoning order 23.01.2025; Additional Civil Judge (Senior Division) Court No. 2 Ghaziabad; discharge application within 30 days with reasoned speaking order; interim protection from coercive measures; Nand Prabha Shukla, J.; September 9, 2025.

What did the court decide?

Main prayer for quashing declined; however, applicants permitted to move a discharge application within 30 days, to be decided by the Trial Court by a reasoned and speaking order within two weeks thereafter, and protected from coercive measures for 30 days or till disposal of the discharge application, whichever is earlier. ¶15

Rihana and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶15

Issue for consideration

Whether the entire proceedings of Case No. 42 of 2025 (State Vs. Rihana), including the charge sheet dated 20.11.2024 and the cognizance/summoning order dated 23.01.2025, should be quashed/stayed under Section 528 BNSS. +1 more

¶8

Court's answer

The prayer for quashing is declined.

¶10

Ratio / Principle

On perusal of the material on record, at this stage it cannot be said that 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.

¶9

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.ratio¶9
If the applicants move an application for discharge through counsel within 30 days, the Trial Court shall dispose of it by a reasoned and speaking order in accordance with law within two weeks thereafter.ratio¶13
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.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), September 9, 2025 — Application under Section 528 BNSS (No. 31593 of 2025) by Rihana and 2 Others seeking quashing/stay of the entire proceedings of Case No. 42 of 2025 (State Vs. Rihana), arising out of Case Crime No. 0579 of 2024 under Sections 504, 323, 506 IPC, Police Station Khoda, District Ghaziabad, together with the charge sheet dated 20.11.2024 and the cognizance/summoning order dated 23.01.2025 of the Additional Civil Judge (Senior Division) Court No. 2, Ghaziabad. Held: on perusal of the record it cannot be said that no offence is made out against the applicants; the submissions raise disputed questions of fact which cannot be adjudicated by the High Court, and the quashing power is exercisable only upon failure of justice or abuse of procedure. Prayer for quashing declined. Applicants may move a discharge application within 30 days, to be disposed of by a reasoned and speaking order within two weeks; no coercive measures for 30 days or until disposal of the discharge application, whichever is earlier. Application disposed of.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 31593 of 2025

¶3

Rihana And 2 Others

¶4

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

¶5

Court No. - 78

¶6

HON'BLE NAND PRABHA SHUKLA, J.

¶7

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

¶8

The present application under Section 528 B.N.S.S. has been filed with a prayer to quash/stay the entire proceedings of Case No. 42 of 2025 (State Vs. Rihana) arising out of Case Crime No. 0579 of 2024, under Sections 504, 323, 506 IPC, Police Station Khoda, District Ghaziabad, charge sheet dated 20.11.2024, cognizance order as well as summoning order dated 23.01.2025 passed by Additional Civil Judge (Senior Division) Court No. 2, Ghaziabad in Case No. 42 of 2025 (State Vs. Rihana) arising out of Case Crime No. 0579 of 2024, under sections 504, 323, 506 IPC, Police Station Khoda, District Ghaziabad against the applicants, pending in the Court of Additional Civil Judge (Senior Division) Court No. 2, Ghaziabad.

¶9

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.

¶10

Accordingly, prayer for quashing is declined.

¶11

NA528 No. 31593 of 2025

¶12

¶13

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 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.

¶14

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.

¶15

With the aforesaid direction, this application is disposed of.

¶16

(Nand Prabha Shukla,J.)

¶17

September 9, 2025 Puspendra

¶18

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Rihana and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rihana and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases