Court No. - 16 Case :- APPLICATION U/S 528 BNSS No. - 28 of 2025 Applicant :- Anita Pal And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anuj Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners as well as learned AGA for the State. Notices to respondent no. 2 are dispensed with. Learned counsel for the petitioners submits that application under Section 173 (4) BNSS filed by respondent no. 2 is nothing but an abuse of process of law as prior to this, there is already a civil suit No. 481/2019 pending before the Court of Civil Judge (Junior Division), South Lucknow in which both the parties are contesting. Apart from this, a writ petition-C No. 29951/2019 is also pending before this Court regarding electricity bills. Both the parties are having rival claims. The pending civil disputes have been sought to be given a criminal colour. Learned AGA has objected the contention of learned counsel for the petitioners submitting that it is only a notice under Section 173(4) BNSS which contemplates that before taking cognizance, the petitioners have a remedy and they can very well appear before the learned trial court and apprise the Court about misusing of the process if any and only then the final order shall be passed. The application is premature. At this stage, learned counsel for the petitioners submits that the petition may be disposed of with a direction to learned court below to hear the objections of the petitioners and pass appropriate orders. In view of the above, the petition is disposed of granting liberty to the petitioners to appear before the learned trial court within a period of 15 days from today and file objections, which in case are filed within the stipulated time, the same shall be decided after hearing the petitioners by the learned trial court expeditiously say within a period of one month thereafter. Order Date :- 23.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench