HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37967 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard Ms. Tanisha J. Monir, learned counsel for the applicants, learned counsel for the opposite party No. 2, 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 allow the present application and quash the impugned charge- sheet dated 22.05.1999 giving rise to Case No 429 of 2003 arising out of Case Crime No. 60 of 1992 under Sections 420, 467, 468, 471, 409 and 120 IPC, Police Station-Koraon, District-Allahabad U.P. and the impugned summoning order as well as cognizance order dated 23.09.1999, order dated 07.10.2024 issuing Non-Bailable Warrant and entire proceedings pending before the Court of Chief Judicial Magistrate, Aligarh. It has been submitted by learned counsel for the applicants that the FIR was lodged in the year 1992 and charge-sheet was submitted after substantial delay on 22.09.1999. The cognizance was taken and the summoning order was issued on 23.09.1999. The applicant moved the exemption application on several dates. Due to non-appearance of the applicant on 05.03.2021, the non-bailable warrant was issued and thereafter bail bonds were filed. The applicant is regularly participating in the Court proceedings. Despite the aforesaid facts, non-bailable warrant has been issued. Till date, no charges have been framed after a lapse of 26 Versus Counsel for Applicant(s) : Rajnish Tiwari, Surya Kant Tiwari, Tanisha Jahangir Monir Counsel for Opposite Party(s) : Akhilesh Kumar Tiwari, Bhupendra Kumar Pandey, G.A. Ram Siya Tiwari .....Applicant(s) State of U.P. and Another .....Opposite Party(s) years. 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, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. With the aforesaid direction, this application is disposed of. September 26, 2025 Aditya Tripathi NA528 No. 37967 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad