Hari Om Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Hari Om Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing declined; however, in the interest of justice, if the applicant moves a discharge application through counsel within 30 days it shall be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereafter, and no coercive measures shall be taken against the applicant for 30 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the charge sheet dated 26.05.2025, the cognizance and summoning order dated 16.07.2025 and the entire proceedings of Sessions Case No. 14104 of 2025 against the applicant ought to be quashed on the ground that the applicant was falsely implicated and there is no material to proceed against him.

Court's answer

Prayer for quashing of the charge sheet, cognizance/summoning order and proceedings is declined.

Ratio / Principle

From the material on record, at this stage it cannot be said that no offence is made out against the applicant.

Key takeaways

All submissions advanced at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court in such an application.ratio¶11
The quashing power is to 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.ratio¶11
If the applicant moves a discharge application at the appropriate stage 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.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), disposing of Application U/S 528 BNSS No. 35321 of 2025 (decided September 15, 2025), declined to quash the charge sheet dated 26.05.2025, the cognizance and summoning order dated 16.07.2025 and the entire proceedings of Sessions Case No. 14104 of 2025 (State of U.P. Vs. Hari Om and another), arising out of Case Crime No. 68 of 2025 under Sections 115(2), 76, 324(4) and 333 BNS, P.S.-Kotwali Nagar, District Etah, pending before the Chief Judicial Magistrate, Etah. The Court held that at this stage it could not be said that no offence was made out against the applicant, all submissions relating to disputed questions of fact beyond adjudication in such an application, the inherent quashing power being exercisable only upon failure of justice or abuse of procedure. As protective directions, the Court provided that a discharge application moved through counsel within 30 days be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereafter, and that no coercive measures be taken against the applicant for 30 days or until disposal of the discharge application, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35321 of 2025

Hari Om

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Aushim Luthra, Harishchandra Yadav : G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

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

This application under Section 528 BNSS has been filed to quash the impugned charge sheet dated 26.05.2025 as well as impugned cognizance and summoning order dated 16.07.2025 and the entire proceedings of Sessions Case No. 14104 of 2025 (State of U.P. Vs. Hari Om and another) arising out of Case Crime No. 68 of 2025, under Sections 115(2), 76, 324(4) and 333 BNS, Police Station-Kotwali Nagar, District-Etah, pending before the Court of learned Chief Judicial Magistrate, Etah.

It has been submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case and there is no material to proceed against the applicant.

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, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel

NA528 No. 35321 of 2025

2

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 applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of .

September 15, 2025 Shivani

(Nand Prabha Shukla,J.)

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