Neutral Citation No. - 2025:AHC:13815 Court No. - 83 Case :- APPLICATION U/S 528 BNSS No. - 39887 of 2024 Applicant :- Kamlesh @ Kamlesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avnish Chandra Tripathi,Ramendra Ojha,Rohit Shukla,Shyam Singh Somvanshi,Surendra Prasad Gupta,Tushar Kant Gupta Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under section 528 BNSS Cr.P.C. has been filed for quashing the impugned charge sheet dated 10.07.2022, cognizance order dated 20.02.2023 as well as further proceedings of Complaint Case NCR No. 55 of 2018, State Vs. Kamlesh Yadav, under Sections 323, 504, 506 I.P.C., Police Station- Deedarganj, District- Azamgarh. 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. An NCR was registered, but after investigtion, the charge-sheet was submitted under Sections 323, 504 ad 506 I.P.C. 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 BNSS. 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. 4. Accordingly, prayer of the applicant is refused. 5. However, in view of the submissions, it is provided that in case the applicant move an application for discharge through counsel within three weeks, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law within two weeks thereafter. 6. Till the disposal of the discharge application, no coercive action shall be taken against the applicant. 7. With the aforesaid direction, this application is disposed of. Order Date :- 27.1.2025 Nitika Sri. Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad