Application to quash complaint proceedings and summoning order declined; disputed facts cannot be adjudicated in quashing jurisdiction. Applicants permitted to seek discharge, bail application directed for expeditious disposal, and coercive measures stayed till discharge application is decided.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49142 of 2025
Laldhar Gupta And 6 Others
.....Applicant(s)
| Versus | |
|---|---|
| State Of U.P. And 2 Others | .....Opposite Party(s) |
| Counsel for Applicant(s) Counsel for Opposite Party(s) |
: Mansoor Ahmad, Syed Mohd. Shahab : 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.
This application under Section 528 BNSS has been filed to allow this application and quash the entire proceedings of Complaint Case No. 1460 of 2024, Rambali Gupta Versus Laldhar Gupta and others and to stay the effect and operation of the summoning order dated 07.08.2025 passed by the Additional Chief Judicial Magistrate/Civil Judge (Senior Judge) Kushinagar at Padrauna in Complaint Case No. 1460 of 2024, Rambali Gupta Versus Laldhar Gupta and others.
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.
Accordingly, prayer for quashing is declined.
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 claim discharge at an appropriate stage through counsel, 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
NA528 No. 49142 of 2025
2
within six weeks from the date of the application, if there is no other legal impediment.
In case, the applicants are not on bail, it is further directed that if the applicants appear or surrender through counsel before the Trial Court and makes an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side.
Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.
With the aforesaid direction, this application is disposed of .
December 10, 2025 Shivani
(Nand Prabha Shukla,J.)
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the complaint case proceedings and summoning order should be quashed under Section 528 BNSS.
1 provisions across 1 enactments
Laldhar Gupta And 6 Others
State Of U.P. And 2 Others
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
