Nadeem Ahmed vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Nadeem Ahmed vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer for quashing declined; application disposed of with directions — the Trial Court is to decide any discharge application moved by the applicant, in accordance with law, after hearing both sides by a reasoned and speaking order within six weeks of its filing (if there is no other legal impediment), and no coercive measures are to be taken against the applicant till disposal of the discharge application.

Issue for consideration

Whether the application under Section 528 BNSS succeeds in quashing the summoning order dated 14.05.2025 passed under Section 420 IPC by the Judicial Magistrate, Court No. 4, Prayagraj in Case No. 299 of 2023 (P.S. Phoolpur, District Prayagraj) and the entire consequential proceedings against the applicant.

Court's answer

On a 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 applicant.

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

The prayer for quashing the impugned summoning order and the consequential proceedings is declined.ratio¶11
Since the matter is a warrant case instituted on a private complaint, if the applicant moves 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 the parties by a reasoned and speaking order.ratio¶12
The discharge application is to be decided within six weeks from the date 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 by Nadeem Ahmed seeking quashing of the summoning order dated 14.05.2025 passed by the Judicial Magistrate, Court No. 4, Prayagraj under Section 420 IPC in Case No. 299 of 2023, P.S. Phoolpur, District Prayagraj, along with the entire consequential proceedings. Declining quashing, the Court held that, at this stage, it could not be said that no offence was made out against the applicant, the submissions at the bar raising disputed questions of fact which cannot be adjudicated upon by the Court, the quashing power being exercisable only on failure of justice or abuse of procedure (¶10–11). As a measure of fair-trial protection in a warrant case instituted on a private complaint, the Court directed that any discharge application filed by the applicant through counsel be disposed of by the Trial Court in accordance with law, after opportunity of hearing to both parties, by a reasoned and speaking order within six weeks of filing if there is no legal impediment, and that no coercive measures be taken against the applicant till disposal of the discharge application (¶12, 15–16). Application accordingly disposed of (¶17).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42521 of 2025

Nadeem Ahmed

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Ayush Singh, Mohd Suhail
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard Ms. Ritu Singh, holding brief of Shri Ayush Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application under Section 528 BNSS has been filed to quash the impugned summoning order dated 14.05.2025 passed by Court of Judicial Magistrate, Court No. 4, Prayagraj under Section 420 IPC issued against the applicant as well as entire consequential proceedings in Case No. 299 of 2023, P.S. Phoolpur, District Prayagraj pending in the court of Judicial Magistrate, Court No. 4, Prayagraj.

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 applicant moves 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

NA528 No. 42521 of 2025

2

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 applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of .

(Nand Prabha Shukla,J.)

October 31, 2025

A. V. Singh

Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad