Brijesh Kumar Pandey and Another v. State of U.P. and Another

Allahabad HC17 Nov 2025NA528/45195/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; quashing of summoning order; Chief Judicial Magistrate Ballia; Case No. 2255 of 2024; Sections 323, 504, 506, 500 IPC; Police Station Nagra, District Ballia; disputed questions of fact; failure of justice; abuse of process; warrant case instituted on private complaint; discharge application; six weeks; reasoned and speaking order; no coercive measures; application disposed of.

What did the court decide?

Quashing declined; application disposed of with directions that any discharge application moved by the applicants be decided by the Trial Court within six weeks by a reasoned and speaking order after hearing both parties, and that no coercive measures be taken against the applicants till disposal of the discharge application. ¶¶18

Brijesh Kumar Pandey and Another 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 06.09.2025 passed by the Chief Judicial Magistrate, Ballia and the entire proceedings in Case No. 2255 of 2024 under Sections 323, 504, 506, 500 IPC ought to be quashed in exercise of the Court's power under Section 528 BNSS.

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Court's answer

On the material on record, at this stage it cannot be said that no offence is made out against the applicants; the submissions advanced were matters of disputed fact which this Court cannot adjudicate.

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Ratio / Principle

The power to quash may be exercised only where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

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Key takeaways

The prayer for quashing the summoning order and the proceedings was declined.ratio¶¶13
If the applicants move a discharge application 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 of the application, if there is no other legal impediment.ratio¶¶14
No coercive measures shall be taken against the applicants in the aforesaid case until the discharge application is disposed of.ratio

Detailed headnote1 paragraphs

Criminal miscellaneous application under Section 528 BNSS seeking quashing of the Summoning Order dated 06.09.2025 passed by the Chief Judicial Magistrate, Ballia, and of the entire proceedings in Case No. 2255 of 2024 under Sections 323, 504, 506, 500 IPC, Police Station-Nagra, District-Ballia. Held: on the record, it cannot be said at this stage that no offence is made out; the submissions raised disputed questions of fact which cannot be adjudicated in this jurisdiction, the quashing power being available only where there is failure of justice or abuse of procedure. Prayer for quashing declined. As the matter is a warrant case instituted on a private complaint, the applicants were permitted to move a discharge application, to be decided by the Trial Court within six weeks by a reasoned and speaking order after hearing both parties; till then, no coercive measures were to be taken against the applicants. Application disposed of (Nand Prabha Shukla, J., November 17, 2025).

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 45195 of 2025

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Brijesh Kumar Pandey And Another

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.....Applicant(s)

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Versus

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State of U.P. and Another

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	.....Opposite Party(s)
Counsel for Applicant(s)	: Neeraj Singh
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 A.G.A. for the State and perused the record.

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This application under Section 528 BNSS has been filed to quash the Summoning Order dated 06.09.2025, passed by the Chief Judicial Magistrate Ballia as well as entire proceedings in Case No. 2255 of 2024, under Sections 323, 504, 506, 500 IPC, Police Station-Nagra, District-Ballia, pending before the CJM, Ballia.

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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. 45195 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 17, 2025 Shivani

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(Nand Prabha Shukla,J.)

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