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

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

What the court decided

AI extract

Outcome

Prayer for quashing refused; however, the applicant was permitted to move a discharge application through counsel within three weeks, which the trial court must decide by a reasoned and speaking order in accordance with law within two weeks thereafter, and no coercive action is to be taken against the applicant till disposal of the discharge application.

Issue for consideration

Whether the summoning order dated 16.03.2024 and the entire proceedings of Complaint Case No. 9170 of 2023 (under section 323 IPC) should be quashed and stayed by exercise of the inherent power under Section 528 BNSS.

Court's answer

On a perusal of the material on record, at this stage it cannot be said that no offence is made out against the applicant.

Ratio / Principle

The submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated by the High Court while exercising jurisdiction under Section 528 BNSS.

Key takeaways

The power under Section 528 BNSS is to be exercised only where the Court finds failure of justice or misuse of judicial mechanism or procedure, or that the sentence or order was not correct, so as to prevent abuse of process or miscarriage of justice.ratio¶8
If the applicant moves an application for discharge 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.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) declined to quash, under Section 528 BNSS, a summoning order dated 16.03.2024 passed by the Additional Chief Judicial Magistrate, Court No. 1, District Bulandshahar in Complaint Case No. 9170 of 2023 (Ghanshyam Vs. Sunita and others) under section 323 IPC, holding that at that stage an offence against the applicant could not be said to be absent and that the submissions raised only disputed questions of fact incapable of adjudication in the inherent-power jurisdiction, exercisable only to prevent failure of justice, misuse of judicial mechanism, or abuse of process. The Court permitted the applicant to seek discharge within three weeks, directed the trial court to decide such application by a reasoned and speaking order within two weeks thereafter, and ordered that no coercive action be taken against her till then; the application was disposed of accordingly (Order dated 11.4.2025).

Neutral Citation No. - 2025:AHC:53948

Court No. - 81

Case :- APPLICATION U/S 528 BNSS No. - 7183 of 2025

Applicant :- Sunita Opposite Party :- State Of U.P And Another Counsel for Applicant :- Mohd Qasim Counsel for Opposite Party :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

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

This application under section 528 BNSS has been filed for quashing the summoning order dated 16.03.2024 passed by Additional Chief Judicial Magistrate, Court No. 1, District Bulandshahar in Complaint Case No. 9170 of 2023 (Ghanshyam Vs. Sunita and others), under section 323 IPC, P.S. Jahangirabad, District Bulandshahar as well as the entire proceeding of complaint case with further prayer to stay 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 applicant. 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 applicant is refused.

However, in view of the submissions, it is provided that in case the applicant 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 applicant.

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