Constable Yaspal Singh and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Constable Yaspal Singh and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; however, in view of the warrant-case nature instituted on private complaint, the Trial Court is directed to dispose of any discharge application moved by the applicants within six weeks by a reasoned and speaking order after hearing both parties, and till its disposal no coercive measures shall be taken against the applicants.

Issue for consideration

Whether the impugned order dated 16.03.2023, the summoning order dated 14.10.2019 and the entire proceedings of Complaint Case No.1077 of 2019 (Shasi Devi Vs. Constable Yaspal and Others) under Sections 147, 148, 452, 323, 324/34, 325, 504, 506 IPC should be quashed under section 528 B.N.S.S. +1 more

Court's answer

The prayer for quashing the orders and the proceedings of Complaint Case No.1077 of 2019 is declined.

Ratio / Principle

On a perusal of the record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.

Key takeaways

All submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court; the power under section 528 B.N.S.S. may be exercised only where there is failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.ratio¶9
Since 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.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nand Prabha Shukla, J.) (decision dated November 17, 2025) disposed of an application under section 528 B.N.S.S. by Constable Yaspal Singh and 4 others seeking to quash (i) the order dated 16.03.2023 passed by the Court of Special Judge (E.C.Act)/Additional Special Judge, Bijnor in Criminal Misc. Case No.118 of 2020 (Smt. Kaushalya Vs. State of U.P. and Others), (ii) the summoning order dated 14.10.2019 passed by the Additional Chief Judicial Magistrate, Nagina, District-Bijnor, and (iii) the entire proceedings of Complaint Case No.1077 of 2019 (Shasi Devi Vs. Constable Yaspal and Others) under Sections 147, 148, 452, 323, 324/34, 325, 504, 506 IPC, Police Station-Kotwali Dehat, District-Bijnor. The Court held that on the material on record it could not be said that no offence was made out against the applicants at this stage, that all submissions at the bar related to disputed questions of fact not capable of adjudication in a quashing application, and that the power under section 528 B.N.S.S. is exercisable only on failure of justice or abuse of procedure; accordingly, the prayer for quashing was declined. Because the matter is a warrant case instituted on private complaint, the Trial Court was directed to dispose of any discharge application moved by the applicants, through counsel, in accordance with law by a reasoned and speaking order within six weeks of the application after affording hearing to both parties, subject to no other legal impediment; further, till disposal of such discharge application no coercive measures were to be taken against the applicants. The application was disposed of accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 45081 of 2025

Constable Yaspal Singh And 4 Others

.....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Pavan Kumar Counsel for Opposite Party(s) : 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 allow this application and to quash the impugned order dated 16.03.2023 passed by Court of Special Judge (E.C.Act)/Additional Special Judge, Bijnor in Criminal Misc. Case No.118 of 2020 (Smt. Kaushalya Vs. State of U.P. and Others) as well as summoning order dated 14.10.2019 passed by the Court of Additional Chief Judicial Magistrate, Nagina, District-Bijnor in Compliant Case No.1077 of 2019 (Shasi Devi Vs. Constable Yaspal and Others), under Sections 147, 148, 452, 323, 324/34, 325, 504, 506 IPC as well as to quash the entire proceeding of Complaint Case No.1077 of 2019 (Shasi Devi Vs. Constable Yaspal and Others), under Sections 147, 148, 452, 323, 324/34, 325, 504, 506 IPC, Police Station-Kotwali Dehat, District-Bijnor.

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.

NA528 No. 45081 of 2025

2

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.

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 17, 2025 Puspendra

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