HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39941 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 528 BNSS has been filed with a prayer to quash the entire criminal proceeding of Complaint Case No. 21061 of 2024 (Ashiya Khatoon v. Sajjad and others) under Sections 323, 354(A) IPC, Police Station-Campierganj, District-Gorakhpur as well as summoning order dated 05.07.2025 pending in the Court of learned Additional Chief Judicial Magistrate-III, Gorakhpur. 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. 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) : Piyush Patel, Pradeep Kumar Counsel for Opposite Party(s) : G.A. Sajjad And 2 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 applicant in the aforesaid case. With the aforesaid direction, this application is disposed of. October 29, 2025 Aditya Tripathi NA528 No. 39941 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad