HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38977 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application under Section 528 BNSS has been filed with a prayer to allow this application and to quash the entire proceedings of Complaint Case No. 28098 of 2023 (M/s Bainara Udyog Ltd. vs. Ajay Kumar Malik Sri Balaji Enterprises) under Sections 406, 504 IPC, Police station Jagdishpur, District Agra including impugned summoning order dated 04.03.2024, pending in the Court of the learned Additional Civil Judge (J.D.) Judicial Magistrate, Court No. 2, Agra. 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 482 Cr.P.C. 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. Therefore, no interference is required. Accordingly, prayer of the applicant is refused. However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies for bail before the Versus Counsel for Applicant(s) : Pravesh Kumar Counsel for Opposite Party(s) : G.A. Ajay Kumar Malik Sri Balaji Enterprises .....Applicant(s) State of U.P. and Another .....Opposite Party(s) concerned court within four weeks 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 measures shall be taken against the applicant. With the above observations, this application under Section 482 Cr.P.C. is disposed of. October 14, 2025 Puspendra NA528 No. 38977 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad