HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43492 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Arvind Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to quash the impugned charge sheet dated 30.09.2024 under Section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act and impugned cognizance/summoning order dated 19.12.2024 under Sections 498A, 323, 506 IPC passed by the learned Additional Chief Judicial Magistrate-5th, Varanasi in Case No. 625 of 2025 (State v. Saurabh Kumar Singh and Others) arising out of Case Crime No. 157 of 2024 under Sections 498A, 323, 504, 506 IPC, Police Station-Ramnagar, Kashi (Commissionerate), District-Varanasi and the bailable warrant dated 12.09.2025 issued against the applicant in Case No. 625 of 2025 (State v. Saurabh Kumar and others) arising out of Case Crime No. 157 of 2024 under Sections 498A, 323, 504, 506 IPC, Police Station-Ramnagar, Kashi (Commissionerate), District- Varanasi. 3. 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 applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to Versus Counsel for Applicant(s) : Arvind Kumar Srivastava, Neelam Srivastava, Raj Kumar Tripathi, Vinay Kumar Singh Counsel for Opposite Party(s) : G.A. Saurabh Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) secure the ends of justice. 4. Accordingly, prayer for quashing is declined. 5. In case, the applicants are not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and makes an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side. 6. However, in the interest of justice, it is further provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 45 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. 7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. May 5, 2026 Aditya Tripathi NA528 No. 43492 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad