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2025 DAILYLAW 171309 (ALL)

MRITYUNJAI SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/42373/2025 · 2025-10-29

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42373 of 2025 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 quash the entire proceeding of Criminal Complaint Case No. 4765 of 2012, under Sections 452, 342, 504, 506 IPC, Police Station-Amroha Nagar, District-Amroha pending in the Court of Chief Judicial Magistrate, Amroha as well as summoning order dated 18.06.2013 passed by Chief Judicial Magistrate through which the learned Magistrate has summoned the applicants. It has been submitted by learned counsel for the applicants that without seeking any sanction under Section 197 Cr.P.C., the instant summoning order has been passed. No summons were served upon him and the consequential orders were issued. 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 Versus Counsel for Applicant(s) : Anil Kumar Aditya, Pradeep Kumar Mishra Counsel for Opposite Party(s) : G.A. Mrityunjai Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) instituted on private complainant, it is provided that in case the applicants move an application for discharge through counsel at an appropriate stage, 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. 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 under Section 528 BNSS is disposed of. October 30, 2025 Shivani NA528 No. 42373 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad