Lakhan Singh and 10 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Lakhan Singh and 10 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing declined; application disposed of with directions that a discharge application, if moved through counsel at an appropriate stage, be disposed of by the Trial Court in accordance with law after hearing both parties by a reasoned and speaking order within six weeks (if no other legal impediment), and that no coercive measures be taken against the applicants till disposal of the discharge application.

Issue for consideration

Whether the cognizance/summoning order dated 06.05.2024 passed by the Additional Chief Judicial Magistrate, Firozabad and the entire proceedings of Complaint Case No. 39781 of 2023 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.

Ratio / Principle

All the submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court in the quashing application.

Key takeaways

The quashing power 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¶11
Prayer for quashing the cognizance/summoning order dated 06.05.2024 and the proceedings of Complaint Case No. 39781 of 2023 is declined.ratio¶12
In the interest of justice, as the matter is a warrant case instituted on private complainant, 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 giving opportunity of hearing to both parties, by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nand Prabha Shukla, J.), Application U/S 528 BNSS No. 38573 of 2025, Lakhan Singh and 10 others v. State of U.P. and another, decided October 27, 2025: Prayer to quash the cognizance/summoning order dated 06.05.2024 of the Additional Chief Judicial Magistrate, Firozabad and the entire proceedings of Complaint Case No. 39781 of 2023 (Kaushlendra Pratap Singh v. Lakhan Singh and others) — Sections 354, 147, 149, 452, 323, 506 IPC against applicant No.1 and Sections 147, 149, 452, 323, 506 IPC against applicants No. 2 to 11, Police Station Pachokhara, District-Firozabad — declined: on the material on record it cannot be said that no offence is made out; the submissions related to disputed questions of fact not adjudicable by this Court; the quashing power is exercisable only on failure of justice or abuse of procedure. As the matter is a warrant case instituted on private complainant, the applicants may move a discharge application through counsel, to be disposed of by the Trial Court in accordance with law, after hearing both parties, by a reasoned and speaking order within six weeks, if there is no other legal impediment; till then no coercive measures against the applicants. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 38573 of 2025

Lakhan Singh And 10 Others

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Alok Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

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 cognizance/summoning order dated 06.05.2024 passed by the Additional Chief Judicial Magistrate, Firozabad as well as entire proceedings of Complaint Case No. 39781 of 2023 (Kaushlendra Pratap Singh v. Lakhan Singh and others) under Sections 354, 147, 149, 452, 323, 506 IPC against the applicant No.1 and under Sections 147, 149, 452, 323, 506 IPC against the applicant No. 2 to 11, Police Station Pachokhara, District-Firozabad.

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 complainant, 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 giving opportunity of hearing to both the parties by a reasoned and speaking

NA528 No. 38573 of 2025

2

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 applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of .

October 27, 2025 Aditya Tripathi

(Nand Prabha Shukla,J.)

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