Pankaj Rajput and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Pankaj Rajput and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; however, directions issued: (i) discharge application, if moved by the applicants, to be decided by the Trial Court within six weeks by a reasoned and speaking order; (ii) bail application, if filed within 45 days on appearance/surrender, to be considered and disposed of expeditiously; (iii) no coercive measures against the applicants till disposal of the discharge application.

Issue for consideration

Whether the entire proceeding of Complaint Case No. 1391 of 2024 and the summoning order dated 13.06.2025 ought to be quashed under Section 528 BNSS.

Court's answer

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

Ratio / Principle

The submissions raised disputed questions of fact which cannot be adjudicated by this Court; the inherent power is exercisable only where there is failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Key takeaways

The prayer for quashing the complaint proceedings and summoning order is declined.ratio¶12
If the applicants claim discharge at an appropriate stage through counsel, the Trial Court shall dispose of the discharge application in accordance with law after hearing both parties by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment.ratio¶16
If the applicants are not on bail, on their appearance or surrender through counsel before the Trial Court with a bail application within 45 days, the same shall be considered and disposed of expeditiously after hearing the other side.

Detailed headnote1 paragraphs

Quashing of complaint case (Sections 323, 504, 506 and 325 IPC) and summoning order dated 13.06.2025 refused at threshold under Section 528 BNSS — matter involves disputed questions of fact not adjudicable in inherent jurisdiction, which is confined to cases of failure of justice or abuse of procedure — liberty granted to seek discharge; Trial Court to decide such application within six weeks by reasoned and speaking order — bail application within 45 days of appearance/surrender to be considered expeditiously — no coercive measures till disposal of discharge application — application disposed of (Nand Prabha Shukla, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 7915 of 2026

Pankaj Rajput And 3 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Shivanand Mishra, Suraj Upadhyay : G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Supplementary affidavit filed by learned counsel for the applicants is taken on record.

Heard Mr. Shivanand Mishra, 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 the present application and quash the entire proceeding of Complaint Case No. 1391 of 2024 (Vivek Versus Pankaj and others) under Sections 323, 504, 506 and 325 IPC, Police Station-Maudarwaja, District-Farrukhabad including summoning order dated 13.06.2025 passed by Additional Chief Judicial Magistrate/Civil Judge (S.D.) Fast Track Court, Farrukhabad and to stay the proceeding of the aforesaid Complaint Case.

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

NA528 No. 7915 of 2026

2

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 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 make 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 .

March 10, 2026 Shivani

(Nand Prabha Shukla,J.)

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