ANGAD @ ANGAD PANDEY AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/39180/2025 · 2025-10-28
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DailyLaw.ai
[ 2025 DAILYLAW 172092 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172092 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39180 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. The present application under Section 528 BNSS has been filed with a prayer to quash the impugned order dated 19.08.2025 passed by the learned Additional Sessions Judge, Court No. 01, Siddharth Nagar in Criminal Revision No. 149 of 2022 (Angad and Others v. Chhatrasal and Another) whereby the revisional Court has affirmed the order dated 16.11.2022 passed by the learned Judicial Magistrate, Siddharth Nagar as well as the summoning order dated 16.11.2022 issued in Complaint Case No. 6313 of 2022 (Chhatrasal v. Angad and Others) under Sections 323, 452, 504, 506 IPC, Police Station-Jogiya Udaypur, District-Siddharth Nagar. 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 complainant, it is provided that in case the applicants Versus Counsel for Applicant(s) : Rajesh Kumar Dubey, Ramdeo Pathak Counsel for Opposite Party(s) : G.A. Angad @ Angad Pandey And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 is disposed of. October 29, 2025 Aditya Tripathi NA528 No. 39180 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad