Disposed¶16

Melhu and 7 Others v. State of U.P. and Another

Allahabad HC30 Oct 2025NA528/42323/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; quashing prayer declined; Criminal Case No. 866 of 2023; Lalmuni Ram v. Melhu and others; Police Station Saidpur District Ghazipur; summoning order dated 21.08.2025; Sections 379, 147, 323, 504, 506 IPC; disputed questions of fact; failure of justice or abuse of procedure; warrant case instituted on private complaint; discharge application disposal within six weeks reasoned speaking order; no coercive measures interim protection; Nand Prabha Shukla; Allahabad High Court; October 30, 2025.

What did the court decide?

Quashing declined, but Trial Court directed to dispose of any discharge application filed by the applicants within six weeks by a reasoned and speaking order after hearing both parties; no coercive measures against applicants until disposal of the discharge application. ¶16

Melhu and 7 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire criminal proceeding in Criminal Case No. 866 of 2023 (Police Station Saidpur, District Ghazipur) and the summoning order dated 21.08.2025 under Sections 379, 147, 323, 504, 506 IPC should be quashed under Section 528 BNSS.

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Court's answer

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

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Ratio / Principle

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

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Key takeaways

The power under Section 528 BNSS 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¶9
Prayer for quashing the criminal proceeding and the summoning order is declined.ratio¶10
In view of the warrant-case nature of the matter, 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, subject to absence of other legal impediment.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nand Prabha Shukla, J.), Application U/S 528 BNSS No. 42323 of 2025, decided 30.10.2025: quashing of Criminal Case No. 866 of 2023 (Lalmuni Ram v. Melhu and others, P.S. Saidpur, Distt. Ghazipur) and the summoning order dated 21.08.2025 under Sections 379, 147, 323, 504, 506 IPC is declined, as the material on record indicates an offence is made out and the submissions concern disputed questions of fact outside inherent-power adjudication. Because the matter is a warrant case instituted on a private complaint, the Trial Court is directed to dispose of any discharge application moved through counsel, after hearing both parties, by a reasoned and speaking order within six weeks, and no coercive measures are to be taken against the applicants until its disposal.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 42323 of 2025

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Melhu And 7 Others

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	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Premdhan Kumar, Ram Bali Ram : G.A.

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Court No. - 80

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HON'BLE NAND PRABHA SHUKLA, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application under Section 528 BNSS has been filed with a prayer to quash the entire criminal proceeding of Criminal Case No. 866 of 2023 (Lalmuni Ram v. Melhu and others) Police Station-Saidpur District Ghazipur as well as impugned summoning order dated 21.08.2025 under Sections 379, 147, 323, 504, 506 IPC, Saidpur, Ghazipur.

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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.

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Accordingly, prayer for quashing is declined.

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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 order within six weeks from the date of the application, if there is no other

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NA528 No. 42323 of 2025

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legal impediment.

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

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With the aforesaid direction, this application is disposed of .

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(Nand Prabha Shukla,J.)

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