RAM BAHADUR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10941/2026 · 2026-03-18
Nand Prabha Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 301 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 301 (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. - 10941 of 2026 Court No. - 76 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Jitendra Singh, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to quash the entire Proceedings and summoning order dated 14.10.2025, passed by the learned Additional Civil Judge (J.D)/ FTC-II/ Judicial Magistrate, Sant Kabir Nagar in Complaint Case No. 9473 of 2023, U/s 354-A, 323, 504, 506 IPC against the applicant No.1 and U/s 323, 504, 506 IPC against the applicant No.2, 3, 4 & 5 IPC (Smt. Taramati Vs. Ram Bahadur & Others), Police Station Bakhira, District-Sant Kabir Nagar, pending in the court of learned Additional Civil Judge (J.D)/ FTC-II/ Judicial Magistrate, Sant Kabir Nagar. 3. 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. 4. Accordingly, prayer for quashing is declined. 5. 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 Versus Counsel for Applicant(s) : Jitendra Singh, Vipin Kumar Counsel for Opposite Party(s) : G.A. Ram Bahadur And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
claim 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. 6.
6. 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 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. 7. Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case. 8.With the aforesaid direction, this application is disposed of. March 19, 2026 Aditya Tripathi NA528 No. 10941 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad