Abhishek Yadav and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abhishek Yadav and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; however, the Trial Court is directed to decide any discharge application moved by the applicants, in accordance with law after hearing both parties, by a reasoned and speaking order within six weeks of its filing (if no other legal impediment exists); interim protection that no coercive measures be taken against the applicants till disposal of the discharge application.

Issue for consideration

Whether the summoning order dated 15.05.2025 and the entire proceedings of Complaint Case No. 2617 of 2023 under Sections 323, 452 IPC pending before the ACJM, Court No. 10, Azamgarh should be quashed under Section 528 BNSS.

Ratio / Principle

On 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 applicant.

Key takeaways

All submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court in the quashing jurisdiction.ratio¶10
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¶10
The prayer for quashing the summoning order and the complaint proceedings is declined.

Detailed headnote1 paragraphs

Quashing application under S. 528 BNSS against summoning order dated 15.05.2025 and entire proceedings of Complaint Case No. 2617 of 2023 (Ss. 323, 452 IPC, P.S. Deogaon, Dist. Azamgarh) before ACJM, Court No. 10, Azamgarh — HELD: on the material on record it cannot be said that no offence is made out against the applicants; submissions raised disputed questions of fact not adjudicable by the High Court; the quashing power may be exercised only where there is failure of justice or abuse of procedure/process — prayer for quashing declined — since the matter is 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 hearing both parties, by a reasoned and speaking order within six weeks, if there is no other legal impediment — no coercive measures against the applicants till disposal of the discharge application — application disposed of (Nand Prabha Shukla, J.; December 1, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34708 of 2025

Abhishek Yadav And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Deeksha Gupta, Siddharth Srivastava
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard Ms. Shaumya Shukla holding brief of Siddharth Srivastava, 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 quash the summoning order dated 15.05.2025 along with entire proceeding of Complaint Case No. 2617 of 2023 under Sections 323, 452 IPC, Police Station-Deogaon, District-Azamgarh pending before the Court of Additional Chief Judicial Magistrate, Court No. 10, Azamgarh (Deenanath v. Horilal and others).

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 complaint, 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. 34708 of 2025

2

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 applicants in the aforesaid case.

With the aforesaid direction, this application is disposed of .

(Nand Prabha Shukla,J.)

December 1, 2025 Aditya Tripathi

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