Ramswaroop and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ramswaroop and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer declined; however, applicants are at liberty to move a discharge application through counsel at an appropriate stage, to be decided by the Trial Court within six weeks by a reasoned and speaking order after hearing both parties; no coercive measures against the applicants till disposal of the discharge application.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 301 of 2015 (Pannalal Versus Ratan Kumar and others), the summoning order dated 10.04.2015 passed by the Additional Chief Judicial Magistrate, Sonbhadra, and the order dated 07.01.2023 passed by Civil Judge (J.D.) F.T.C., CAW Sonbhadra, ought to be quashed 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 applicants.

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

The power to quash 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¶12
Prayer for quashing the complaint proceedings and the impugned orders is declined.ratio¶13
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

ALLAHABAD HIGH COURT (Nand Prabha Shukla, J.), November 19, 2025: Application under Section 528 BNSS (No. 45722 of 2025) by Ramswaroop and 3 Others seeking quashing of the entire proceedings of Complaint Case No. 301 of 2015 (Pannalal Versus Ratan Kumar and others), the summoning order dated 10.04.2015 of the Additional Chief Judicial Magistrate, Sonbhadra, under Sections 323, 504, 506, 452, 394 IPC (Police Station Anpara, District Sonbhadra), and the order dated 07.01.2023 of Civil Judge (J.D.) F.T.C., CAW Sonbhadra — HELD, quashing declined: on the material on 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 by the Court, the quashing power being exercisable only where there is failure of justice or abuse of procedure. Liberty granted to the applicants to move a discharge application through counsel at an appropriate stage, to be disposed of by the Trial Court in accordance with law, after hearing both parties, by a reasoned and speaking order within six weeks, if there is no other legal impediment. Till disposal of the discharge application, no coercive measures to be taken against the applicants. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 45722 of 2025

Ramswaroop And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Pradeep Kumar, Rashid Ali
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

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

This application under Section 528 BNSS has been filed to quash the entire proceeding of Complaint Case No. 301 of 2015 (Pannalal Versus Ratan Kumar and others) and further be pleased to quash the impugned summoning order dated 10.04.2015 passed by Additional Chief Judicial Magistrate, Sonbhadra, in Complaint Case No. 301 of 2015 (Pannalal Versus Ratan Kumar and others) under Sections 323, 504, 506, 452, 394 IPC, Police Station-Anpara, District-Sonbhadra as well as order dated 07.01.2023 passed by Civil Judge (J.D.) F.T.C., CAW Sonbhadra.

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.

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

NA528 No. 45722 of 2025

2

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 .

November 19, 2025 Shivani

(Nand Prabha Shukla,J.)

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