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

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

What the court decided

AI extract

Outcome

Quashing declined; interim protection that no coercive measures shall be taken against the applicant till disposal of his discharge application, which the Trial Court is directed to dispose of within six weeks from the date of the application, after hearing both parties, by a reasoned and speaking order, subject to no other legal impediment.

Issue for consideration

Whether the summoning order dated 03.01.2025 and further proceedings of Complaint Case No. 1614 of 2023 (Smt. Ravita Vs. Prashant and others) under Section 406 IPC pending before the Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 2, Ghaziabad should be quashed/stayed on the applicant's application under Section 528 BNSS. +1 more

Court's answer

On perusal of the record and facts, at this stage it cannot be said that no offence is made out against the applicant; all submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Ratio / Principle

The Court's power under Section 528 BNSS may be exercised only in cases where the Court finds there has been failure of justice or abuse of procedure, so as to prevent abuse of process and secure the ends of justice.

Key takeaways

The prayer for quashing is declined.ratio¶¶12
In the interest of justice, since the matter is a warrant case instituted on private complaint, if the applicant moves a discharge application 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 within six weeks from the date of the application, if there is no other legal impediment.ratio¶¶13
Till the disposal of the discharge application, no coercive measures shall be taken against the applicant in the aforesaid case.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Nand Prabha Shukla, J., Court No. 80) disposed of Application U/S 528 BNSS No. 42571 of 2025 filed by Prashant seeking stay of the summoning order dated 03.01.2025 and further proceedings of Complaint Case No. 1614 of 2023 (Smt. Ravita Vs. Prashant and others) under Section 406 IPC, Police Station-Teela Mod, District-Ghaziabad, pending before the Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 2, Ghaziabad. Finding that at this stage it cannot be said no offence is made out, and that the submissions at bar raise disputed questions of fact incapable of adjudication by the High Court, and that the power may be exercised only upon failure of justice or abuse of procedure, the court declined the quashing prayer. However, as the matter is a warrant case instituted on private complaint, it directed that any discharge application moved through counsel be decided by the Trial Court within six weeks of filing, after hearing both parties, by a reasoned and speaking order (absent other legal impediment), and that no coercive measures be taken against the applicant till disposal of that discharge application. Decision dated November 3, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42571 of 2025

Prashant

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Ramesh Kumar Pandey
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard 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 allow the present application and stay the effect and operation of summoning order dated 03.01.2025 as well as further proceedings of Complaint Case No. 1614 of 2023 (Smt. Ravita Vs. Prashant and others) under Section 406 of IPC, Police Station-Teela Mod, District-Ghaziabad, pending in the Court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 2, Ghaziabad.

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

NA528 No. 42571 of 2025

2

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 .

November 3, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad