Neutral Citation No. - 2025:AHC:13594 Court No. - 83 Case :- APPLICATION U/S 482 No. - 2716 of 2025 Applicant :- Alok Kumar Ojha And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sonal Bharti Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the applicants and learned A.G.A. for the State. The instant application under section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.586 of 2020 (Alok Kumar Ojha and others), pending in the Court of Special Chief Judicial Magistrate, Kanpur Nagar arising out of Case Crime No.836 of 2018, under Sections 420 and 120B of I.P.C., Police Station Naubasta, District Kanpur Nagar including the charge sheet dated 22.11.2019 filed by the Investigating Officer in Case Crime No.836 of 2018, under Section 420 and 120B I.P.C., Police Station Naubasta, District Kanpur Nagar as well as the cognizance/summoning order dated 06.01.2020 passed by the learned Court I/C A.C.M.M-II, Kanpur. in Case No.586 of 2020 (Alok Kumar Ojha and others), arising out of Case Crime No.836 of 2018, under Section 420 and 120B of I.P.C., Police Station Naubasta, District Kanpur Nagar. 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 under Section 482 Cr.P.C. 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. Accordingly, prayer of the applicants is refused. However, in view of the submissions, it is provided that in case the applicants move an application for discharge 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 action shall be taken against the applicants in the aforesaid case. With the aforesaid direction, this application is disposed of. Order Date :- 27.1.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad