Disposed

Hari Priya Chaudhary Alias Chavi v. State of U.P. and Another

Allahabad HC25 Nov 2025NA528/46710/2025

Case brief

AI extract

What is this about?

Application to quash summoning and revisional orders in a warrant case instituted on private complaint. The Court found disputed questions of fact unsuitable for quashing, declined the prayer, directed expeditious disposal of any discharge application with hearing, and restrained coercive measures till then.

What did the court decide?

Quashing prayer declined; Trial Court to decide discharge application within six weeks if filed; no coercive measures against applicant until its disposal.

Hari Priya Chaudhary Alias Chavi vs State of U.P. and… — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 46710 of 2025

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Hari Priya Chaudhary Alias Chavi

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Shobhit Pathak
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 applicant, learned A.G.A. for the State and perused the record.

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The present application under Section 528 BNSS has been filed with a prayer to quash the order dated 16.09.2022 passed by ACJM, Court No. 3, Moradabad as well as the order dated 26.08.2025 passed by the learned Sessions Judge, Moradabad in Criminal Revision No. 185 of 2023 (Hari Priya Chaudhary alias Chavi v. State of U.P. and another).

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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 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.

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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 complaint, 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. 46710 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 applicant in the aforesaid case.

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With the aforesaid direction, this application is disposed of .

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(Nand Prabha Shukla,J.)

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November 25, 2025

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Aditya Tripathi

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Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad

Hari Priya Chaudhary Alias Chavi v. State of U.P. and Another

Case brief

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Hari Priya Chaudhary Alias Chavi v. State of U.P. and Another

Case brief

What is this about?

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