Amit Singh Alias Monu Singh and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Amit Singh Alias Monu Singh and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; however, the applicants may move a discharge application which the Trial Court must dispose of within six weeks by a reasoned and speaking order after hearing both parties, and until then no coercive measures shall be taken against the applicants.

Issue for consideration

Whether the Summoning order dated 06.08.2025 and the entire criminal proceedings in Criminal Complaint Case No. 1535 of 2024 should be quashed under Section 528 BNSS.

Court's answer

At this stage it cannot be said that no offence is made out against the applicants; the submissions raised relate to disputed questions of fact which cannot be adjudicated by this Court, and the quashing power may be exercised only where there is failure of justice or abuse of procedure.

Ratio / Principle

Prayer for quashing the summoning order and the criminal proceedings is declined.

Key takeaways

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 from the date of the application, subject to no other legal impediment.ratio¶12
Until the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

Allahabad HC (Nand Prabha Shukla, J.), Application U/S 528 BNSS No. 38845 of 2025, decided 28.10.2025: Amit Singh alias Monu Singh and 4 others applied to quash the summoning order dated 06.08.2025 and entire proceedings in Criminal Complaint Case No. 1535 of 2024 (Chandrawati Singh v. Vinod Singh and others) under Sections 323, 452, 379 IPC, PS Rasra, District Ballia, pending before the Special A.C.J.M., Court No. 1, Ballia. Held: on the material on record, at this stage it cannot be said that no offence is made out; the submissions relate to disputed questions of fact not adjudicable by the High Court, whose interference power is reserved for failure of justice or abuse of process. Prayer for quashing declined. Directions: any discharge application moved by the applicants shall be disposed of by the Trial Court in accordance with law, after hearing both sides, by a reasoned and speaking order within six weeks, if there is no other legal impediment; and till its disposal no coercive measures shall be taken against the applicants. Application disposed of accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 38845 of 2025

Amit Singh Alias Monu Singh And 4 Others

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Virendra Kumar Maurya
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.

This application under Section 528 BNSS has been filed to quash the Summoning order dated 06.08.2025 as well as entire criminal proceedings in Criminal Complaint Case No. 1535 of 2024 (Chandrawati Singh Versus Vinod Singh and others) under Sections 323, 452, 379 IPC, Police StationRasra, District-Ballia, pending in the Court of Special A.C.J.M., Court No. 1, Ballia.

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.

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 order within six weeks from the date of the application, if there is no other

NA528 No. 38845 of 2025

2

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 .

October 28, 2025 Shivani

(Nand Prabha Shukla,J.)

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