Pravesh and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Pravesh and 3 Others 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 the Trial Court is directed to dispose of any discharge application moved by the applicants in accordance with law by a reasoned and speaking order within six weeks, and no coercive measures are to be taken against the applicants till the disposal of the discharge application

Issue for consideration

Whether the summoning order dated 18.03.2024 passed by Judicial Magistrate, Etah in Complaint No. 7334 of 2023 against the applicants ought to be quashed

Court's answer

On the material on record, at this stage it cannot be said that no offence is made out against the applicants; the submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court, and accordingly the prayer for quashing is declined

Ratio / Principle

This Court's power to quash may be exercised only in cases where the Court finds there has been failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice

Key takeaways

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 from the date of the application, provided there is no other legal impedimentratio¶11
Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid caseratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 80) (Nand Prabha Shukla, J.), November 3, 2025: Application U/S 528 BNSS No. 41162 of 2025 (Pravesh and 3 others v. State of U.P. and another) praying quashing of the summoning order dated 18.03.2024 passed by Judicial Magistrate, Etah in Complaint No. 7334 of 2023 (Kalyan Singh vs. Pravesh and others), under sections 323, 324, 354 I.P.C., Police Station Sakeet, District Etah — quashing DECLINED: on the material on record it cannot at this stage be said that no offence is made out against the applicants; the submissions relate to disputed questions of fact not adjudicable by the High Court, whose power is exercisable only on failure of justice or abuse of procedure. Directions given: any discharge application moved by the applicants through counsel to 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; till its disposal no coercive measures against the applicants. Application disposed of. (¶¶8–16)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41162 of 2025

Pravesh And 3 Others

	Versus		.....Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	:	Ajay Kumar	Vashistha
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 this application and to quash the summoning order dated 18.03.2024, passed by Judicial Magistrate, Etah in Complaint No. 7334 of 2023 (Kalyan Singh vs. Pravesh and others), under sections 323, 324, 354 I.P.C., Police Station Sakeet, District Etah, pending in the Court of Judicial Magistrate, Eta.

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. 41162 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 3, 2025

Puspendra

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