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

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

What the court decided

AI extract

Outcome

Prayer to quash the complaint proceedings, summoning order dated 17.3.2023 and N.B.W. dated 13.9.2024 was declined; however, the applicants were given liberty to move a discharge application through counsel, which the Trial Court must decide by a reasoned and speaking order within six weeks after hearing both parties, and no coercive measures shall be taken against the applicants until disposal of the discharge application.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 7290 of 2022 (Chetan Singh Vs. Ashish Mishra & others) under Sections 323, 504, 452 IPC, together with the summoning order dated 17.3.2023 and the N.B.W. dated 13.9.2024, should be quashed under Section 528 BNSS.

Court's answer

On 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.

Ratio / Principle

All submissions made at the bar related to disputed questions of fact which cannot be adjudicated upon by this Court; the power to quash is to be exercised only in cases of failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Key takeaways

Prayer for quashing the complaint proceedings, summoning order and N.B.W. is declined.ratio¶10
Since 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 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 of the application, if there is no other legal impediment.ratio¶14
Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), Application U/S 528 BNSS No. 40180 of 2025, decided November 13, 2025 — Applicants sought quashing of the entire proceedings of Complaint Case No. 7290 of 2022 (Chetan Singh Vs. Ashish Mishra & others) under Sections 323, 504, 452 IPC, Police Station Sevrahi, District Kushinagar, along with the summoning order dated 17.3.2023 and N.B.W. dated 13.9.2024 pending before the Judicial Magistrate, Kasaya. Held: on the material on record it could not be said that no offence was made out; the submissions raised disputed questions of fact incapable of adjudication in a quashing jurisdiction, which may be exercised only where there is failure of justice or abuse of procedure. Prayer for quashing declined. However, being a warrant case instituted on private complaint, the applicants were permitted to seek discharge through counsel, and the Trial Court was directed to decide such application in accordance with law, after hearing both parties, by a reasoned and speaking order within six weeks thereof, if there is no other legal impediment. Till disposal of the discharge application, no coercive measures were to be taken against the applicants. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40180 of 2025

Ashish Mishra And 2 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Rajesh Kumar Chaudhary
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 quash the entire proceedings of the Complaint Case No. 7290 of 2022 (Chetan Singh Vs. Ashish Mishra & others) under Sections 323, 504, 452 IPC, Police Station Sevrahi, District Kushinagar as well as summoning order dated 17.3.2023 and N.B.W. dated 13.9.2024, pending before Judicial Magistrate, Kasaya, District Kushinagar.

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

NA528 No. 40180 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 applicants in the aforesaid case.

With the aforesaid direction, this application is disposed of.

(Nand Prabha Shukla,J.)

November 13, 2025

Puspendra

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