Ashish Kumar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ashish Kumar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing the summoning order dated 29.10.2022 and the proceedings of Case No. 199 of 2019 declined; however, the applicant is protected from coercive measures till disposal of any discharge application, which the Trial Court is directed to decide within six weeks by a reasoned and speaking order after hearing both parties, subject to no other legal impediment.

Issue for consideration

Whether the summoning order dated 29.10.2022 passed by the Judicial Magistrate, Garautha, District Jhansi, and the entire proceedings of Case No. 199 of 2019 (Ved Prakash Vs. Ashish Kumar and others) under Sections 323, 506 IPC should be quashed in exercise of powers under Section 528 BNSS.

Court's answer

On the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicant.

Ratio / Principle

All submissions made at the bar related to disputed questions of fact which cannot be adjudicated upon by the High Court in this jurisdiction.

Key takeaways

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.ratio¶11
The prayer for quashing the summoning order and the proceedings of Case No. 199 of 2019 is declined.ratio¶12
If the applicant moves 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.

Detailed headnote1 paragraphs

Quashing under Section 528 BNSS refused where the material shows an offence may have been made out and the submissions raised only disputed questions of fact incapable of adjudication by the High Court; the extraordinary power is available only where there is failure of justice or abuse of procedure. Since the matter is a warrant case instituted on a private complaint, the applicant was permitted to move a discharge application, which the Trial Court must dispose of within six weeks by a reasoned and speaking order after hearing both parties, if there is no other legal impediment; no coercive measures were to be taken against the applicant till disposal of such discharge application. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 45703 of 2025

Ashish Kumar

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Dileep Kumar Singh, Rohit Kumar : G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application under Section 528 BNSS has been filed to allow this application and quash the impugned summoning order dated 29.10.2022 passed by the learned Judicial Magistrate, Garuatha, District-Jhansi as well as entire proceeding of Case No. 199 of 2019 (Ved Prakash Vs. Ashish Kumar and others) under Sections 323, 506 IPC, Police Station-Garautha, District-Jhansi, pending in the Court of Judicial Magistrate, Garautha, District-Jhansi.

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 applicant moves an application for discharge through counsel at an appropriate stage,

NA528 No. 45703 of 2025

2

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 applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of .

November 19, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad