Disposed¶12

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

Allahabad HC10 Apr 2025NA528/4744/2025

Case brief

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What is this about?

Application under Section 528 BNSS to quash summoning order in cheating/forgery case (IPC 419, 420, 468, 471). High Court declined to quash, noting factual disputes require trial. Granted liberty to file discharge application with timeline for disposal and protection from coercive action.

What did the court decide?

Direction to trial court to dispose discharge application within two weeks if filed within three weeks; no coercive action against applicants till disposal of discharge application ¶12

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

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Neutral Citation No. - 2025:AHC:53897

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Court No. - 81

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Case :- APPLICATION U/S 528 BNSS No. - 4744 of 2025

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Applicant :- Chintaharan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adarsh Mishra,Hemant Sharma,Saurabh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ms. 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 for quashing the summoning order dated 30.01.2024 passed by the Additional Chief Judicial Magistrate- III, Basti, in Complaint Case No. 18080 of 2020, u/s 419, 420, 468, 471 IPC, P.S. Sonha, District Basti (Muni Prasad Vs. Chintaharan and another) and further to allow the order dated 15.01.2025 passed by Additional Session Judge, Court No. 1, Basti in Criminal Revision No. 88 of 2024 (Chintaharan Vs. State of U.P. and another), P.S. Sohna, District Basti.

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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 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.

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Accordingly, prayer of the applicants is refused.

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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.

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

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With the aforesaid direction, this application is disposed of.

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Order Date :- 11.4.2025 Nisha

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

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

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

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