Neutral Citation No. - 2025:AHC:29995 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6877 of 2025 Applicant :- Ummed Ali And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Md. Muzzammil.I.Qureshi,Rumana Khatoon Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. This application under Section - 528 B.N.S.S. has been preferred against order dated 07.01.2022, passed by learned Additional Civil Judge/(S.D.)-III, Kanpur Dehat in Complaint Case No. 22 of 2019 (Aslam Vs. Ummed Ali & Others), under Sections - 323, 452, 504, 506 I.P.C., Police Station - Rura, District - Kanpur Dehat, whereby summons have been issued against applicants. 3. It is submitted by learned counsel for applicants that earlier applicants have filed an application under Section - 482 Cr.P.C. before this Court for quashing of proceedings of aforesaid case, wherein by order dated 25.09.2019, passed in Application u/s 482 No. 35399 of 2019, proceedings of the case before trial court were stayed and matter was referred for mediation. By impugned order, the Trial court observed that in view of law laid down in case of Asian Resurfacing of Road Agency Pvt. Ltd. Vs. Central Bureau of Investigation (2018) 16 SCC 299, the stay stands vacated and issued summons against applicants. It was submitted that impugned order is against law and thus, liable to be set aside. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order and that the earlier application filed by applicants under Section - 482 Cr.P.C. for quashing of proceedings is already pending. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that applicants have filed an Application u/s - 482 No. 35399 of 2019, wherein by order dated 25.09.2019, proceedings of the Trial court were stayed and matter was referred for mediation. It appears that by order dated 09.01.2020, the effect and operation of said interim order dated 25.09.2019 was extended till the next date. By impugned order dated 07.01.2022, the Trial court observed that stay order stands vacated in the light of case of Asian Resurfacing of Road Agency Pvt. Ltd. (supra) and issued summons against applicants. The above referred Application u/s 482 No. 35399 of 2019 is still pending before this Court. Thus, whether the Trial court has violated the interim order dated 09.01.2020, passed in Application u/s 482 No. 35399 of 2019, or not, the same can only be considered by the Court in Application u/s 482 No. 35399 of 2019. The applicants are at liberty to raise their plea in proceedings of Application u/s 482 No. 35399 of 2019. In view of aforesaid, no case for invoking powers under Section - 528 B.N.S.S. is made out. Thus, the instant application under Section - 528 B.N.S.S. is liable to be dismissed. 7. Accordingly, this application under Section - 528 B.N.S.S. is hereby dismissed. Order Date :- 4.3.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad