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

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

What the court decided

AI extract

Outcome

Prayer to quash/stay the summoning order declined; however, the applicants may move a discharge application, to be disposed of by the Trial Court in accordance with law by a reasoned and speaking order within six weeks of its filing, and till its disposal no coercive measures shall be taken against the applicants.

Issue for consideration

Whether the impugned summoning order dated 23.2.2024 passed by the learned Additional Chief Judicial Magistrate, Court No. 9, Allahabad in Compliant Case No.416 of 2023 should be quashed/stayed in exercise of the power under section 528 B.N.S.S. +1 more

Court's answer

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

Ratio / Principle

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

Key takeaways

The power may be exercised only in cases 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 is declined.ratio¶10
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 the parties by a reasoned and speaking order 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.; November 19, 2025) disposed of an application under section 528 B.N.S.S. (No. 43288 of 2025) seeking quash/stay of the summoning order dated 23.2.2024 passed by the learned Additional Chief Judicial Magistrate, Court No. 9, Allahabad in Compliant Case No.416 of 2023 (Smt. Neeta Devi Versus Kanchan Devi & others) under sections 323 & 506 of I.P.C. against Kanchan Devi, Anurag Devi, Munita Devi, Manisha Devi and Sections 354B/506 of I.P.C. against Abhishek @ Arjun (Police Station Sarai Inayat, District Prayagraj). Finding that the submissions raised disputed questions of fact incapable of adjudication in that Court and that no failure of justice or abuse of procedure was established, the Court declined the quashing prayer but, treating the matter as a warrant case instituted on private complainant, directed that any discharge application moved by the applicants be disposed of by the Trial Court by a reasoned and speaking order within six weeks, and that no coercive measures be taken against the applicants till such disposal.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 43288 of 2025

Kanchan Devi And 4 Others

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Mukul Kumar, Surya Prakash Yadav : 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 quash/stay the impugned summoning order dated 23.2.2024 passed by the learned Additional Chief Judicial Magistrate, Court No. 9, Allahabad in Compliant Case No.416 of 2023 (Smt. Neeta Devi Versus Kanchan Devi & others) under sections 323 & 506 of I.P.C. against Kanchan Devi, Anurag Devi, Munita Devi, Manisha Devi and Sections 354B/506 of I.P.C. against Abhishek @ Arjun, Police Station Sarai Inayat, District Prayagraj pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 9, Allahabad.

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

NA528 No. 43288 of 2025

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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 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 19, 2025 Puspendra

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