HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38515 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 B.N.S.S. has been preferred to quash the summoning order dated 10.01.2023 and NBW dated 09.05.2025 as well as entire proceeding of Complaint Case No. 6388 of 2021, Ashiq Ali Vs. Rais and others, under Sections 504, 506 IPC, Police Station-Chauri Chaura, District-Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate-I, Gorakhpur. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie 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 under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicant is refused. However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case Versus Counsel for Applicant(s) : Amit Kumar Yadav, Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A. Dheeraj Kumar Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in Complaint Case No. 6388 of 2021, Ashiq Ali Vs. Rais and others, under Sections 504, 506 IPC, Police Station-Chauri Chaura, District-Gorakhpur. With the above observations, this application under Section 528 B.N.S.S. is disposed of. October 7, 2025 Shivani NA528 No. 38515 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad