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Sanju and Another v. State of U.P. and Another

Allahabad HC21 Nov 2025NA528/46272/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; quashing of summoning order; inherent powers; disputed questions of fact; failure of justice; abuse of process; Section 420 IPC; Complaint Case No. 119473 of 2023; Smt. Lata Vs. Sanju; Judicial Magistrate Court No. 02 Mathura; Police Station Farah; warrant case instituted on private complaint; discharge application; six weeks; reasoned and speaking order; opportunity of hearing; no coercive measures; application disposed of; Nand Prabha Shukla, J.; Allahabad High Court; November 21, 2025.

What did the court decide?

Prayer for quashing declined; however, applicants 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, and no coercive measures to be taken against the applicants till disposal of the discharge application.

Sanju and Another vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the summoning order dated 28.02.2025 passed by the Judicial Magistrate, Court No. 02, Mathura in Complaint Case No. 119473 of 2023 (Smt. Lata Vs. Sanju and others) under Section 420 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; all submissions made at the bar relate to disputed questions of fact which cannot be adjudicated by this Court, and the inherent power may be exercised only where there is failure of justice or abuse of procedure/process.

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Ratio / Principle

The prayer for quashing the summoning order is declined.

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Key takeaways

In the interest of justice, 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¶12
Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Nand Prabha Shukla, J.) (November 21, 2025): Application under S. 528 BNSS seeking quashing of the summoning order dated 28.02.2025 passed by the Judicial Magistrate, Court No. 02, Mathura in Complaint Case No. 119473 of 2023 (Smt. Lata Vs. Sanju and others) under S. 420 IPC, P.S. Farah, District Mathura — Quashing declined: on the material on record it cannot be said at this stage that no offence is made out against the applicants, all submissions raising disputed questions of fact which cannot be adjudicated by the High Court, the inherent power being exercisable only where there is failure of justice or abuse of procedure/process. Directions: any discharge application moved by the applicants through counsel 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 of the application, if there is no other legal impediment; and till disposal of the discharge application, no coercive measures to be taken against the applicants. Application disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 46272 of 2025

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Sanju And Another

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Bindeshwari Prasad Mishra : 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 allow the application and quash the impugned summoning order dated 28.02.2025 passed by learned Judicial Magistrate, Court No. 02, Mathura in Complaint Case No. 119473 of 2023 (Smt. Lata Vs. Sanju and others) under Section 420 IPC, Police Station-Farah, District-Mathura, pending before the Court of learned Judicial Magistrate, Court No. 2, Mathura.

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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

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NA528 No. 46272 of 2025

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legal impediment.

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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 21, 2025 Shivani

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