Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40013 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, 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 summoning order dated 16.12.2023 arising out of Complaint Case No. 44 of 2022 (S.T. No. 91 of 2023) (Smt. Guddi Devi v. Ankit and others) under Sections 323, 504, 392 IPC, Police Station Kalpi and District-Jalaun pending in the Court of Additional Sessions Judge/Special Judge (D.A.A.) Jalaun at Orai. 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 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 Versus Counsel for Applicant(s) : Laxmi Narayan Rathour Counsel for Opposite Party(s) : G.A. Manoj Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 applicant in the aforesaid case. With the aforesaid direction, this application is disposed of. October 29, 2025 Aditya Tripathi NA528 No. 40013 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad