Manoj Alias Munna vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Manoj Alias Munna vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer declined; interim protection granted — no coercive measures against the applicant until disposal of any discharge application; any discharge application moved through counsel to be disposed of by the Trial Court by a reasoned and speaking order within six weeks after hearing both parties; Trial Court directed to expedite the trial proceedings.

Issue for consideration

Whether the prayer under Section 528 BNSS to quash the summoning order dated 25.06.2007 and the order dated 04.04.2025 passed by the Chief Judicial Magistrate, Chandauli in Complaint Case No. 3896 of 2007 should be granted, i.e., whether no offence is made out against the applicant such that the criminal proceedings should be halted.

Ratio / Principle

All submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court in exercise of its quashing jurisdiction.

Key takeaways

This 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¶11
On the material on record it cannot be said that no offence is made out against the applicant; accordingly the prayer for quashing the summoning order dated 25.06.2007 and the order dated 04.04.2025 is declined.ratio¶12
In the interest of justice, as the matter pertains to a warrant case instituted on private complaint, 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, if there is no other legal impediment.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 80), bench of Nand Prabha Shukla, J.; Application U/S 528 BNSS No. 44354 of 2025 filed by Manoj alias Munna (counsel: Amarnath Tripathi) against the State of U.P. and Another, seeking quashing of the summoning order dated 25.06.2007 and the order dated 04.04.2025 passed by the Chief Judicial Magistrate, Chandauli in Complaint Case No. 3896 of 2007 (Upendra Kumar v. Manoj alias Munna) under Sections 323, 392, 504 and 506 IPC, Police Station Mughalsarai, District Chandauli. Held: on the material on record it cannot be said that no offence is made out against the applicant; all submissions at bar relate to disputed questions of fact which cannot be adjudicated by this Court, and this power may be exercised only where there is failure of justice or abuse of procedure; prayer for quashing declined. However, since the matter is a warrant case instituted on private complaint, any discharge application moved through counsel at an appropriate stage shall be disposed of by the Trial Court in accordance with law after hearing both parties, by a reasoned and speaking order within six weeks, absent other legal impediment; as the summoning order dates back to 2007 the Trial Court is directed to expedite the trial; till disposal of the discharge application no coercive measures shall be taken against the applicant. Application disposed of on November 19, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 44354 of 2025

Manoj Alias Munna

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Amarnath Tripathi
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.

The present application under Section 528 BNSS has been filed with a prayer to quash the summoning order dated 25.06.2007 as well as order dated 04.04.2025 passed by the Court of learned Chief Judicial Magistrate, Chandauli in Complaint Case No. 3896 of 2007 (Upendra Kumar v. Manoj alias Munna) under Sections 323, 392, 504 and 506 IPC, Police StationMughalsarai, District-Chandauli pending in the Court of learned Chief Judicial Magistrate, Chandauli.

Learned counsel for the applicant submits that the summoning order is of the year 2007.

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 applicants

NA528 No. 44354 of 2025

2

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. Since the summoning order was issued in the year 2007, Trial Court is directed to expedite the trial proceedings and decide the matter as expeditiously as possible.

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.)

November 19, 2025 Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad