Rashid and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rashid and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined, but with directions: any discharge application moved through counsel to be disposed of by the Trial Court within six weeks by a reasoned and speaking order after hearing both parties; trial to be expedited; and no coercive measures against the applicants till disposal of the discharge application.

Issue for consideration

Whether the order dated 02.08.2014 and the entire proceedings of Complaint Case No. 445 of 2014 (State v. Rashid and others) under Sections 387 and 506 IPC should be quashed under Section 528 BNSS.

Court's answer

On the material on record, at this stage it cannot be said that no offence is made out against the applicant.

Ratio / Principle

All submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Key takeaways

This quashing power may be exercised only where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.ratio¶11
The prayer for quashing the order dated 02.08.2014 and the proceedings of Complaint Case No. 445 of 2014 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.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under Section 528 BNSS filed by Rashid and 4 others seeking quashing of the order dated 02.08.2014 and the entire proceedings of Complaint Case No. 445 of 2014 (State v. Rashid and others) under Sections 387 and 506 IPC, Police Station-Delhi Gate, District-Aligarh, pending before the Additional Chief Judicial Magistrate, Court No. 9, Aligarh. Holding that the submissions raised disputed questions of fact which cannot be adjudicated by the High Court, and that the power may be exercised only where there is failure of justice or abuse of procedure, the Court declined the quashing prayer. However, treating the matter as a warrant case instituted on private complaint, it directed that any discharge application moved through counsel be disposed of by the Trial Court within six weeks by a reasoned and speaking order after hearing both parties; directed expeditious conclusion of the trial; and ordered that no coercive measures be taken against the applicants till disposal of the discharge application. Decision dated November 6, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42075 of 2025

Rashid And 4 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Syed Irfan Ali
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 quash the order dated 02.08.2014 as well as entire proceeding of Complaint Case No. 445 of 2014 (State v. Rashid and others) under Sections 387 and 506 IPC, Police Station-Delhi Gate, District-Aligarh pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 9, Aligarh.

Learned counsel for the applicant submits that the impugned summoning order is of the year 2014 and no summons were served upon the applicants.

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 applicant. 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. 42075 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. Trial Court is also directed to expedite the trial and conclude the proceedings as early as possible.

Till the disposal of the discharge application, no coercive measures shall be taken against the applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of .

(Nand Prabha Shukla,J.)

November 6, 2025

Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad