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

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

What the court decided

AI extract

Outcome

Quashing declined; however, (i) if the applicants move a discharge application through counsel, the Trial Court is to dispose of it in accordance with law by a reasoned and speaking order within six weeks from its filing after hearing both parties, if there is no legal impediment; and (ii) till disposal of the discharge application, no coercive measures are to be taken against the applicants.

Issue for consideration

Whether the impugned summoning order dated 17.04.2025 and the entire criminal proceedings of Criminal Complaint Case No. 23429 of 2023 should be set aside/quashed under Section 528 BNSS. +1 more

Court's answer

At this stage it cannot be said that no offence is made out against the applicants; all submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Ratio / Principle

The prayer for quashing of the summoning order dated 17.04.2025 and of the criminal proceedings of CCC No. 23429 of 2023 is declined.

Key takeaways

Only in cases where the Court finds failure of justice or abuse of procedure may this power be exercised to prevent abuse of process and secure the ends of justice.obiter¶10
If 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.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Nand Prabha Shukla, J., deciding on 21.11.2025 Application U/S 528 BNSS No. 46221 of 2025 by Prem and 3 Others: they had sought setting aside of the summoning order dated 17.04.2025 (trial under Sections 323, 354, 452 and 506 IPC) and quashing of the entire proceedings of Criminal Complaint Case No. 23429 of 2023 (Sunny Vs. Prem and Others), P.S. Mantola, District Agra, pending before the Additional Chief Judicial Magistrate, Court No. 3, Agra. On perusal of the record the Court held that at this stage it could not be said that no offence was made out against the applicants, the submissions raising disputed questions of fact not adjudicable in the High Court; accordingly the prayer for quashing was declined. Since the matter pertains to a warrant case instituted on a private complainant, the Court directed that if the applicants move a discharge application through counsel, 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 its filing, if there is no legal impediment; and that till its disposal no coercive measures be taken against the applicants. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46221 of 2025

Prem And 3 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Azhar Hussain, Ravitendra Pratap Singh Chandel : G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard Ms. Roshni Dwivedi, holding brief of Mr. Azhar Hussain, 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 allow this application and by setting aside the impugned summoning order dated 17.04.2025 by which accused-applicants have summoned for facing the trial under Sections 323, 354, 452 and 506 IPC as well as quashing of the entire impugned criminal proceedings of Criminal Complaint Case No. 23429 of 2023 (Sunny Vs. Prem and Others), Police Station-Mantola, District-Agra pending currently in the Court of learned Additional Chief Judicial Magistrate, Court No. 3, Agra.

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,

NA528 No. 46221 of 2025

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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 .

November 21, 2025 Shivani

(Nand Prabha Shukla,J.)

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