HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39798 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 B.N.S.S. has been preferred to quash the impugned summoning order dated 29.01.2013 as well as the entire proceedings arising thereof passed in Complaint Case No. 1401 of 2010 (Chhedi Lal Vs. Shrikant Raj @ Ramlakhan Yadav), under Section 419 IPC, P.S. Dhoomanganj, District Prayagraj/Allahabad, pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 2, Allahabad and it is further prayed to stay the effect and operation of the aforesaid proceeding. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie 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 under Section 528 B.N.S.S. 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 and miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicant is refused. However, considering the prayer made by learned counsel for the Versus Counsel for Applicant(s) : Praveen Kumar Pandey, Yash Talwar Counsel for Opposite Party(s) : G.A. Shrikant Raj Alias Ram Lakhan Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicant, it is directed that in case the applicant applies for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in Complaint Case No. 1401 of 2010 (Chhedi Lal Vs. Shrikant Raj @ Ramlakhan Yadav), under Section 419 IPC, P.S. Dhoomanganj, District Prayagraj/Allahabad, pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 2, Allahabad. With the above observations, this application under Section 528 B.N.S.S. is disposed of. October 14, 2025 Nisha NA528 No. 39798 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad