Mahesh Kumar vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Mahesh Kumar vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing the summoning order declined; application disposed of with directions: discharge application, if claimed, to be decided within six weeks by a reasoned and speaking order; bail application within 45 days to be considered expeditiously; no coercive measures against the applicant till disposal of the discharge application; trial to be expedited.

Issue for consideration

Whether the summoning order dated 12.09.2014 passed by the Chief Judicial Magistrate, Banda in Complaint Case No.338/11 should be quashed/stayed under Section 528 BNSS.

Court's answer

On the material on record, at this stage it cannot be said that no offence is made out against the applicant; the submissions advanced relate to disputed questions of fact which cannot be adjudicated by the High Court.

Ratio / Principle

The power to quash may be exercised only where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Key takeaways

Prayer for quashing the summoning order is declined.ratio¶12
If the applicant claims 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 applicant is not on bail and appears or surrenders through counsel before the Trial Court and applies for bail within 45 days from the date of the order, the bail application shall be considered and disposed of expeditiously after giving opportunity to the other side.

Detailed headnote1 paragraphs

Application under Section 528 BNSS seeking quashing/staying of the summoning order dated 12.09.2014 passed by the Chief Judicial Magistrate, Banda in Complaint Case No.338/11 (Anil Sethi Vs. Mahesh Kumar and Others) under sections 323, 504, 506 IPC, Police Station Kotwali, District Banda: HELD, on the material on record it cannot be said at this stage that no offence is made out against the applicant; the submissions raised disputed questions of fact which cannot be adjudicated by the High Court, the quashing power being exercisable only where there is failure of justice or abuse of procedure. Prayer for quashing declined and the application disposed of with directions: (i) any discharge application to be decided by the Trial Court within six weeks by a reasoned and speaking order after hearing both sides; (ii) if the applicant appears/surrenders and applies for bail within 45 days, it shall be considered and disposed of expeditiously; (iii) no coercive measures till disposal of the discharge application; and (iv) the Trial Court to expedite and conclude the trial.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8146 of 2026

Mahesh Kumar

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Soni Gupta, Sunil Kumar
Counsel for Opposite Party(s) :	G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Supplementary affidavit filed today is taken on record.

Heard Sri Sunil Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and to quash/stay the impugned summoning order dated 12.09.2014 passed by the Chief Judicial Magistrate, Banda in Complaint Case No.338/11 (Anil Sethi Vs. Mahesh Kumar and Others) under sections 323, 504, 506 IPC, Police Station Kotwali, District Banda, pending in the Court of Chief Judicial Magistrate, Banda.

From the perusal of record, it transpires that the summoning order is of the year 2014.

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. 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 applicant

NA528 No. 8146 of 2026

2

claims 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 within six weeks from the date of the application, if there is no other legal impediment.

In case, the applicant is not on bail, it is further directed that if the applicant appears or surrenders 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 applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of.

However, the Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible in accordance with law.

(Nand Prabha Shukla,J.)

March 18, 2026

Puspendra

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad