Pushpendra Kumar and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Pushpendra Kumar and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer declined; Trial Court directed to dispose of any discharge application moved by the applicants within six weeks by a reasoned and speaking order after hearing both parties; no coercive measures against the applicants till disposal of the discharge application.

Issue for consideration

Whether the entire criminal proceeding of Complaint Case No. 11686 of 2024 and the process issued against the applicants pursuant to the summoning order dated 12.03.2025 should be quashed under Section 528 BNSS.

Court's answer

On perusal of the record and facts, 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 by this Court.

Ratio / Principle

The power to quash 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

Prayer for quashing is declined.ratio¶11
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.ratio¶15
Till disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.ratio

Detailed headnote1 paragraphs

Criminal quashing — Application under Section 528 BNSS to quash entire criminal proceeding of Complaint Case No. 11686 of 2024 (Lekhraj Singh Vs. Pushpendra Kumar and Anothers) pending before Additional Chief Judicial Magistrate, Court No. 02, Agra, initiated pursuant to Summoning order dated 12.03.2025 under Sections 379, 120B IPC, P.S.-Barhan, District-Agra — Held, on perusal of record it cannot be said that no offence is made out against the applicants; submissions at the bar relate to disputed questions of fact which cannot be adjudicated by the High Court; quashing power exercisable only where there is failure of justice or abuse of procedure, to prevent abuse of process and secure ends of justice — Prayer for quashing declined; since the matter pertains to a warrant case instituted on private complaint, if the applicants move a discharge application through counsel, the Trial Court shall dispose of it in accordance with law after hearing both parties by reasoned and speaking order within six weeks, subject to no other legal impediment; no coercive measures against applicants till disposal of discharge application — Application disposed of. (Nand Prabha Shukla, J., November 4, 2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41455 of 2025

Pushpendra Kumar And Another

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Dilip Kumar Goswami
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 allow this application and quash the entire criminal proceeding of Complaint Case No. 11686 of 2024 (Lekhraj Singh Vs. Pushpendra Kumar and Anothers) pending in the Court of Additional Chief Judicial Magistrate, Court No. 02, Agra, initiated in pursuance of the impugned Summoning order dated 12.03.2025 thereby the learned Court below has issued process against the applicants and the applicants have been summoned to face trial for the offence under Sections 379, 120B IPC related to Police Station-Barhan, District-Agra.

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,

NA528 No. 41455 of 2025

2

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 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 .

November 4, 2025 Shivani

(Nand Prabha Shukla,J.)

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