Disposed¶17

Abid and 4 Others v. State of U.P. and Another

Allahabad HC21 Nov 2025NA528/43679/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application disposed of by Allahabad High Court; challenge to summoning order dated 19.02.2024 in private complaint case (ss. 323, 379, 504 IPC, P.S. Rahara, District Amroha) rejected on ground of disputed questions of fact; liberty to seek discharge; Trial Court to pass reasoned and speaking order within six weeks; interim protection from coercive measures till disposal of discharge application; Applicants: Abid and 4 Others; Opposite Parties: State of U.P. and Another.

What did the court decide?

Prayer for quashing declined; however, the applicants are at liberty to move a discharge application, which the Trial Court must decide by a reasoned and speaking order within six weeks of filing, and no coercive measures shall be taken against the applicants until the disposal of the discharge application. ¶17

Abid and 4 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 summoning order dated 19.02.2024 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Hasanpur, District Amroha in Complaint Case No. 1977 of 2023 under sections 323, 379, 504 IPC, and the entire proceedings of the said complaint case, ought to be quashed under section 528 B.N.S.S.

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Court's answer

On the material on record, it cannot be said at this stage that no offence is made out against the applicants; the submissions advanced relate to disputed questions of fact which cannot be adjudicated upon by this Court, and the inherent power may be exercised only where there is failure of justice or abuse of procedure.

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Ratio / Principle

The prayer for quashing the summoning order and the complaint proceedings is declined.

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Key takeaways

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 hearing 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¶13
Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) declined to quash a summoning order dated 19.02.2024 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Hasanpur, District Amroha in Complaint Case No. 1977 of 2023 (New Case No. 63/2024) (Ajara Vs. Abid and Others) under sections 323, 379, 504 IPC, Police Station Rahara, observing that the material raised disputed questions of fact incapable of adjudication in an application under section 528 B.N.S.S., exercisable only to prevent failure of justice or abuse of process. The Court directed that if the applicants file a discharge application through counsel, the Trial Court shall decide it in accordance with law by a reasoned and speaking order within six weeks after hearing both parties, and that no coercive measures shall be taken against the applicants till its disposal. Application disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 43679 of 2025

Abid And 4 Others

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Sushil Kumar Pandey
Counsel for Opposite Party(s)	: 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 applicants, learned AGA for the State and perused the record.

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The present application under section 528 B.N.S.S. has been filed with a prayer to quash the impugned summoning order dated 19.02.2024 passed by Civil Judge (Junior Division)/Judicial Magistrate, Hasanpur, District Amroha in Compliant Case No. 1977 of 2023 (New Case No. 63/2024) (Ajara Vs. Abid and Others) under sections 323, 379, 504, IPC, Police Station Rahara, District Amroha and also quash the entire proceeding of aforesaid complaint case.

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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 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.

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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 legal impediment.

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NA528 No. 43679 of 2025

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

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With the aforesaid direction, this application is disposed of.

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November 21, 2025 Puspendra

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(Nand Prabha Shukla,J.)

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