Jitendra and 5 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Jitendra and 5 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing/staying the proceedings of Complaint Case No. 503 of 2022 and the summoning order dated 23.8.2022 declined; applicants permitted to move a discharge application through counsel, to be disposed of by the Trial Court in accordance with law by a reasoned and speaking order within six weeks if there is no legal impediment; no coercive measures to be taken against the applicants till disposal of the discharge application.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 503 of 2022 pending before the Judicial Magistrate, Sambhal at Chandausi, and the summoning order dated 23.8.2022, should be quashed/stayed under section 528 BNSS.

Court's answer

At this stage it cannot be said that no offence is made out against the applicants; all submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Ratio / Principle

The power in question 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.

Key takeaways

The prayer for quashing the proceedings and the summoning order is declined.ratio¶¶11
As the matter pertains to a warrant case instituted on private complaint, if 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 parties.ratio¶¶12
The discharge application shall be disposed of 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.), November 25, 2025 — Application U/S 528 BNSS No. 39725 of 2025 by Jitendra and 5 others seeking quashing/staying of the entire proceedings of Complaint Case No. 503 of 2022 (Smt. Shakuntla Vs. Jitendra and others) under sections 354, 323, 504, 506 IPC, Police Station Baniyather, District Sambhal, pending before the Judicial Magistrate, Sambhal at Chandausi, and of the summoning order dated 23.8.2022, disposed of. Finding that at this stage it cannot be said no offence is made out and that the submissions raise disputed questions of fact incapable of adjudication by the High Court, and that the quashing power may be exercised only on failure of justice or abuse of procedure, the Court declined the prayer for quashing. Treating the matter as a warrant case instituted on private complaint, it directed that any discharge application 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 of the application if there is no other legal impediment, and that till its disposal no coercive measures be taken against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39725 of 2025

Jitendra And 5 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Pramod Kumar, Prashant Sharma
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

The present application under section 528 B.N.S.S. has been filed with a prayer to allow this application and to quash/stay the entire proceeding of Complaint Case No. 503 of 2022 (Smt. Shakuntla Vs. Jitendra and others) under sections 354, 323, 504, 506 IPC, Police Station Baniyather, District Sambhal pending in the Court of Judicial Magistrate, Sambhal at Chandausi as well as summoning order dated 23.8.2022.

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 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 giving opportunity of hearing to both the parties by a reasoned

NA528 No. 39725 of 2025

2

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.)

November 25, 2025 Puspendra

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad