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

Satyavan and 2 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, 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; no coercive measures against the applicants for 30 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Case No. 4837 of 2025 (State v. Satyavan and others), arising out of Case Crime No. 0558 of 2024, together with charge-sheet No. A-500 of 2024 dated 26.11.2024 and the cognizance order dated 11.02.2025, should be quashed under Section 528 BNSS.

Court's answer

From 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.

Ratio / Principle

All submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court; the power may be exercised only 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 proceedings is declined.ratio¶12
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¶15
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

Quashing under Section 528 BNSS refused — Application under Section 528 BNSS sought quashing of the entire proceedings of Case No. 4837 of 2025 (State v. Satyavan and others) arising out of Case Crime No. 0558 of 2024 under Sections 115(2), 352 and 351(2) of BNS, Police Station Saraimeer, District Azamgarh, along with charge-sheet No. A-500 of 2024 dated 26.11.2024 and cognizance order dated 11.02.2025. Held: on the material on record it cannot be said at this stage that no offence is made out against the applicants; the submissions raised were disputed questions of fact which cannot be adjudicated by the High Court, and the power may be exercised only where there is failure of justice or abuse of procedure. Prayer for quashing declined. In the interest of justice, the applicants were given liberty to move a discharge application within 30 days, to be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereafter; and for 30 days or till disposal of the discharge application, whichever is earlier, no coercive measures were to be taken against the applicants. Application disposed of (Nand Prabha Shukla, J., September 15, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 32310 of 2025

Satyavan And 2 Others

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Jai Prakash Mishra
Counsel for Opposite Party(s) : 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.

The present application under Section 528 BNSS has been filed with a prayer to allow the present application and quash the entire proceedings of Case No. 4837 of 2025 (State v. Satyavan and others) arising out of Case Crime No. 0558 of 2024, under Sections 115(2), 352 and 351(2) of BNS, Police Station-Saraimeer, District Azamgarh and charge-sheet No. A-500 of 2024 dated 26.11.2024 and cognizance order dated 11.02.2025 pending in the court of learned Judicial Magistrate, Azamgarh.

It has been submitted by learned counsel for the applicants that the applicants are the college going students and have been falsely implicated. It has also been submitted that applicants were not present at the time of the alleged incident.

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.

NA528 No. 32310 of 2025

2

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.

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.

(Nand Prabha Shukla,J.)

September 15, 2025 Aditya Tripathi

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