Neutral Citation No. - 2025:AHC:53915 Court No. - 81 Case :- APPLICATION U/S 482 No. - 4807 of 2025 Applicant :- Deepak Tyagi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Mohan Garg,Prabhankar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. This application under section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 01.12.2020 passed by the Additional Chief Judicial Magistrate, Court No. 1, Meerut in Criminal Complaint Case No. 1510 of 2019 (Atul Kumar Vs. Deepak Tyagi and Another), as well as the entire proceedings arising out of Criminal complaint case No. 1510 of 2019 u/s 494 and 506 IPC, (Atul Kumar Vs. Deepak and Another), under section 406 IPC, P.S. Nauchandi, District Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Meerut. 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 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. 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 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. Till the disposal of the discharge application, no coercive action shall be taken against the applicants. With the aforesaid direction, this application is disposed of. Order Date :- 11.4.2025/Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad