HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41640 of 2025 Court No. - 80 HON'BLE 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 528 BNSS has been filed to quash the entire proceedings of Complaint Case No. 4875 of 2022, under Sections 147, 323, 452, 504, 506 IPC, Police Station-Kaptanganj, District- Kushinagar pending in the Court of learned ACJM (Senior Division) District Kushinagar as well as impugned summoning order dated 24.07.2025 passed by learned trial court in Complaint Case No. 4875 of 2022, under Sections 147, 323, 452, 504, 506 IPC, Police Station-Kaptanganj, Kushinagar. 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. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. Accordingly, prayer for quashing is declined. However, in the interest of justice as the matter pertains to warrant case instituted on private complainant, it is provided that in case the applicants move an application for discharge through counsel at an appropriate stage, the same shall be disposed of by the Trial Court in accordance with law after giving opportunity of hearing to both the parties by a reasoned and speaking Versus Counsel for Applicant(s) : Anil Kumar Kannojia, Ashutosh Kumar Nishad, Prabhat Kumar Counsel for Opposite Party(s) : G.A. Dindayal And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) order within six weeks from the date of the application, if there is no other legal impediment. Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case. With the aforesaid direction, this application is disposed of. October 29, 2025 Anjali NA528 No. 41640 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad