Neutral Citation No. - 2025:AHC-LKO:21915 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2802 of 2025 Applicant :- Ashok Kumar Srivatava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicant and learned A.G.A. This application under Section 482 Cr.P.C. has been filed to quash the summoning order passed by the C.J.M., Hardoi dated 1.10.2020 by means of which the cognizance against the petitioner has been taken in most illegal manner in pursuance of impugned Charge-sheet No. 273/2019 filed dated on 12.8.2019 filled before court below in Case No. 12537/2020, Crime No. 0791/2018 under Sections 420, 406, 352, 504, 506 IPC, P.S. Kotwali City, District Hardoi. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. Per contra learned A.G.A. submitted that 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 applicant. The submissions made by the counsel for the applicant relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen. The disputed defence of the accused cannot be considered at this stage. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 and Musheer Alam Vs. State of Uttar Pradesh & Anr. 2025 SCC OnLine SC 116, this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. Order Date :- 18.4.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench