Rizwana and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rizwana and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing refused. However, if the applicants move a discharge application through counsel within three weeks, the trial court shall dispose of it by a reasoned and speaking order in accordance with law within two weeks thereafter; and till disposal of the discharge application, no coercive action shall be taken against the applicants.

Issue for consideration

Whether the summoning order dated 08.10.2024 in Complaint Case No. 1065 of 2021 and the consequent proceedings against the applicants should be quashed under Section 528 BNSS.

Court's answer

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 under Section 528 BNSS.

Key takeaways

The power under Section 528 BNSS may be exercised only in cases where the Court finds failure of justice, or misuse of judicial mechanism or procedure, or that a sentence or order was not correct, i.e., to prevent abuse of process or miscarriage of justice.ratio¶8

Detailed headnote1 paragraphs

Allahabad HC (Nand Prabha Shukla, J.), Application U/S 528 BNSS No. 4726 of 2025, order dated 11.4.2025 — Application under Section 528 BNSS for quashing of summoning order dated 08.10.2024 passed by the Additional Civil Judge (Junior Division)/ Judicial Magistrate, Garhmukteshwar, Hapur in Complaint Case No. 1065 of 2021 (Mohd. Mujammil Vs. Rizwana and others), u/s 494 and 506 IPC, P.S. Bhahdurgarh, District Hapur, and for quashing the pending proceedings — Held: on perusal of record, at this stage it cannot be said that no offence is made out; submissions raised disputed questions of fact not adjudicable under Section 528 BNSS, that power being exercisable only where the Court finds failure of justice or misuse of judicial mechanism or procedure, or an incorrect sentence or order, to prevent abuse of process or miscarriage of justice — Prayer refused; liberty to move a discharge application through counsel within three weeks, to be decided by reasoned and speaking order within two weeks thereafter; no coercive action till disposal of discharge application — Application disposed of.

Neutral Citation No. - 2025:AHC:53894

Court No. - 81

Case :- APPLICATION U/S 528 BNSS No. - 4726 of 2025

Applicant :- Rizwana And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A.

Hon'ble Ms. 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 for quashing the impugned summoning order dated 08.10.2024 passed by the Additional Civil Judge (Junior Division)/ Judicial Magistrate, Garhmukteshwar, Hapur in Complaint Case No. 1065 of 2021 (Mohd. Mujammil Vs. Rizwana and others), u/s 494 and 506 IPC, P.S. Bhahdurgarh, District Hapur, pending in the court of Additional Civil Judge (Junior Division)/ Judicial Magistrate, Garhmukteshwar, Hapur as well as quash the aforesaid proceedings.

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 under Section 528 BNSS. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice.

Accordingly, prayer of the applicants is refused.

However, in view of the submissions, it is provided that in case the applicants move an application for discharge through counsel within three weeks, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law within two weeks thereafter.

Till the disposal of the discharge application, no coercive action shall be taken against the applicants.

With the aforesaid direction, this application is disposed of.

Order Date :- 11.4.2025 Nisha

Digitally signed by :- nisha kumari High Court of Judicature at Allahabad