Neutral Citation No. - 2025:AHC:53948 Court No. - 81 Case :- APPLICATION U/S 528 BNSS No. - 7183 of 2025 Applicant :- Sunita Opposite Party :- State Of U.P And Another Counsel for Applicant :- Mohd Qasim Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This application under section 528 BNSS has been filed for quashing the summoning order dated 16.03.2024 passed by Additional Chief Judicial Magistrate, Court No. 1, District Bulandshahar in Complaint Case No. 9170 of 2023 (Ghanshyam Vs. Sunita and others), under section 323 IPC, P.S. Jahangirabad, District Bulandshahar as well as the entire proceeding of complaint case with further prayer to stay the aforesaid proceedings. 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 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. Accordingly, prayer of the applicant is refused. However, in view of the submissions, it is provided that in case the applicant move an application for discharge through counsel within three weeks, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law within two weeks thereafter. Till the disposal of the discharge application, no coercive action shall be taken against the applicant. With the aforesaid direction, this application is disposed of. Order Date :- 11.4.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad