Naresh and 5 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Naresh and 5 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing declined; however, if the applicants move a discharge application through counsel at an appropriate stage, the Trial Court to dispose of it 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 impugned summoning order dated 01.03.2024 and the impugned order dated 18.09.2025 in Criminal Revision No. 272 of 2024 ought to be quashed under Section 528 BNSS. +1 more

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 advanced relate to disputed questions of fact which cannot be adjudicated upon 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 the impugned orders is declined.ratio¶12
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 of the application, if there is no other legal impediment.ratio¶16
Till disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.ratio

Detailed headnote1 paragraphs

Quashing under S.528 BNSS refused where allegations raise disputed questions of fact — Application under S.528 BNSS sought quashing of the summoning order dated 01.03.2024 in Complaint Case No. 1716 of 2023 (Neelam Rani Vs. Naresh and others) under Sections 420, 323, 506 I.P.C., P.S. Bharthana, District Etawah, and of the order dated 18.09.2025 in Criminal Revision No. 272 of 2024. Held: on the record it cannot be said at this stage that no offence is made out; submissions relate to disputed questions of fact; the quashing power is exercisable only where there is failure of justice or abuse of procedure. Prayer declined. Trial Court directed to dispose of any discharge application moved through counsel within six weeks by a reasoned and speaking order after hearing both parties; no coercive measures against applicants till such disposal. Application disposed of (Nand Prabha Shukla, J.), October 29, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41609 of 2025

Naresh And 5 Others

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Pankaj Kumar Mishra
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 impugned order dated 18.09.2025 passed by Additional Session Judge, court no. 1, Etawah in Criminal Revision No. 272 of 2024 (Naresh and others vs. State of U.P. and another) as well as impugned summoning order dated 01.03.2024 passed by the Additional Chief Judicial Magistrate, Court No. 1, Etawah in Complaint Case No. 1716 of 2023 (Neelam Rani Vs. Naresh and others), under Sections 420, 323, 506 I.P.C., Police Station- Bharthana, District- Etawah.

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

NA528 No. 41609 of 2025

2

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 .

October 29, 2025 Anjali

(Nand Prabha Shukla,J.)

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad