Sonu and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sonu and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; however, if the applicants apply for bail before the concerned court within 30 days, the bail application shall be considered and disposed of expeditiously per Satender Kumar Antil vs. CBI, (2021) 10 SCC 773; and for 30 days or till the filing of the bail application, whichever is earlier, no coercive action shall be taken against the applicants.

Issue for consideration

Whether the summoning order dated 17.03.2023 passed by the Judicial Magistrate, Mathura and the order dated 20.11.2025 issuing non-bailable warrants in Complaint Case No. 10621 of 2020 ought to be quashed under Section 528 BNSS. +1 more

Court's answer

All submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court under Section 528 B.N.S.S.; prima facie an offence is made out against the applicants.

Ratio / Principle

The power under Section 528 B.N.S.S. may be exercised only in cases of failure of justice or misuse of judicial mechanism or procedure, or where sentence or order was not correct, i.e., to prevent abuse of process or miscarriage of justice.

Key takeaways

The prayer of the applicants to quash the summoning order and the NBW order is refused; no interference is required.ratio¶13
If the applicants apply for bail before the concerned court within 30 days, the bail application shall be considered and disposed of expeditiously in the light of the law laid down by the Apex Court in Satender Kumar Antil vs. CBI, (2021) 10 SCC 773.ratio¶14
For a period of 30 days from the date of the order or till the time of applying for bail, whichever is earlier, no coercive action shall be taken against the applicants in Complaint Case No. 10621 of 2020.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Nand Prabha Shukla, J.) — Application under Section 528 BNSS (Application U/S 528 BNSS No. 47796 of 2025, decided December 2, 2025) by Sonu and 2 others seeking quashing of the summoning order dated 17.03.2023 passed by the Judicial Magistrate, Mathura in Complaint Case No. 10621 of 2020 (Rajendra Singh v. Smt. Kajal and others) under Sections 494, 323, 504, 506 IPC against applicant No. 1 and Sections 323, 504, 506, 120B IPC against applicants Nos. 2 and 3 (P.S. Jamunapar, District Mathura), and of the order dated 20.11.2025 issuing non-bailable warrants — HELD: on the material on record it cannot be said that prima facie no offence is made out; the submissions raise disputed questions of fact not adjudicable under Section 528 BNSS, whose exercise is confined to preventing failure of justice, misuse of process, or miscarriage of justice; prayer refused. As protective relief, if the applicants apply for bail within 30 days it shall be considered and disposed of expeditiously in the light of Satender Kumar Antil v. CBI, (2021) 10 SCC 773, and for 30 days (or until such bail application, whichever is earlier) no coercive action shall be taken against the applicants. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 47796 of 2025

Sonu And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Dinesh Kumar Singh
Counsel for Opposite Party(s)	: G.A.
Court No.- 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been preferred to quash the impugned summoning order dated 17.03.2023 passed by the Court of Judicial Magistrate, Mathura in Case No. 10621 of 2020 (Rajendra Singh Versus Smt. Kajal and others) under Sections 494, 323, 504, 506 IPC against the applicant No. 1 and under Sections 323, 504, 506, 120B IPC against the applicant Nos. 2 and 3, Police Station-Jamunapar, District-Mathura and further to quash the order dated 20.11.2025 passed by the Court of Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 3, Mathura whereby non-bailable warrants have been issued against the applicants, arising out of Complaint Case No. 10621 of 2020 (Rajendra Singh Versus Smt. Kajal and others), under Sections 494, 504, 506, 323, 120B IPC, Police Station-Jamunapar, District-Mathura.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie 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 B.N.S.S. 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. Therefore, no interference is required.

NA528 No. 47796 of 2025

2

Accordingly, prayer of the applicants is refused.

However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in Complaint Case No. 10621 of 2020 (Rajendra Singh Versus Smt. Kajal and others) under Sections 494, 323, 504, 506 IPC against the applicant No. 1 and under Sections 323, 504, 506, 120B IPC against the applicant Nos. 2 and 3, Police Station-Jamunapar, District-Mathura.

With the above observations, this application under Section 528 B.N.S.S. is disposed of .

December 2, 2025 Shivani

(Nand Prabha Shukla,J.)

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