HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10849 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants and learned AGA for the State. None has appeared for the opposite party No. 2. The present application under Section 528 BNSS has been filed with a prayer to allow the present Criminal Misc. Application (U/s 528 of BNSS) and quash the entire criminal proceeding in Case No. 5538 of 2021 (State v. Om Prakash Singh and another) arising out of Case Crime No. 12 of 2018, under Sections 323, 504, 506, 509 IPC, Police Station Bardah, District Azamgarh along with charge sheet dated 18.04.2018 being Charge Sheet No. 61 of 2018 as well as cognizance/summoning order dated 03.07.2018 passed by Judicial Magistrate-I, Azamgarh. 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 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. Therefore, no interference is required. Accordingly, prayer of the applicants is refused. Versus Counsel for Applicant(s) : Sanjeev Kumar Rai, Viveka Nand Rai Counsel for Opposite Party(s) : Alok Singh, G.A., Phool Chandra Singh, Sumitra Singh Om Prakash Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply 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, no coercive measures shall be taken against the applicants. With the above observations, this application under Section 528 BNSS is disposed of. October 8, 2025 Aditya Tripathi NA528 No. 10849 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad