Rama Shankar Yadav and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rama Shankar Yadav and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; application disposed of with protective directions - any discharge application moved by the applicants through counsel to be disposed of by the Trial Court in accordance with law after hearing both parties by a reasoned and speaking order within six weeks (absent legal impediment), and no coercive measures against the applicants till disposal of the discharge application.

Issue for consideration

Whether the proceedings of Complaint Case No. 1313 of 2024 pending before the Civil Judge (Junior Division) F.T.C.First/Judicial Magistrate, District Chandauli, and the summoning order dated 29.07.2025 under Sections 323, 504 & 506 IPC against the applicants, should be quashed by way of this application under Section 528 BNSS.

Court's answer

On perusal of the material on record and 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 relate to disputed questions of fact which cannot be adjudicated upon by this Court; the 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.

Key takeaways

Prayer for quashing the proceedings of Complaint Case No. 1313 of 2024 and the summoning order dated 29.07.2025 is declined.ratio¶11
In the interest of justice, as the matter pertains to a warrant case instituted on private complainant, 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, if there is no other legal impediment.ratio¶12
Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.

Detailed headnote1 paragraphs

Application under Section 528 BNSS (No. 42211 of 2025) by Rama Shankar Yadav and another seeking quashing of the proceedings of Complaint Case No. 1313 of 2024 (Ramashray Yadav v. Rama Shankar & another) pending before the Civil Judge (Junior Division) F.T.C.First/Judicial Magistrate, District Chandauli, and of the order dated 29.07.2025 summoning the applicants under Sections 323, 504 & 506 IPC, P.S. Balua, District Chandauli - declined. The Court found that at this stage it cannot be said that no offence is made out against the applicants, all submissions at the bar relating to disputed questions of fact incapable of adjudication by this Court, such power being exercisable only on failure of justice or abuse of procedure to prevent abuse of process and secure the ends of justice. As the matter pertains to a warrant case instituted on private complainant, the Court directed that 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; and that till disposal of the discharge application no coercive measures shall be taken against the applicants. Bench: Nand Prabha Shukla, J. Decided 06-11-2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42211 of 2025

Rama Shankar Yadav And Another

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s) Counsel for Applicant(s) : Kailash Pati Singh Yadav, Swapnil Singh 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 allow this application and to quash the proceedings of Complaint Case No. 1313 of 2024 (Ramashray Yadav Vs. Rama Shankar & Another) pending in the Civil Judge (Junior Division) F.T.C.First/Judicial Magistrate, District Chandauli as well as the order dated 29.07.2025 summoning the applicants under sections 323, 504 & 506 I.P.C., P.S. Balua District Chandauli.

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

NA528 No. 42211 of 2025

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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.

(Nand Prabha Shukla,J.)

November 6, 2025 Puspendra

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