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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35363 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 528 BNSS has been filed with a prayer to quash the impugned summoning order dated 18.11.2024 issued by the learned Chief Judicial Magistrate, Chitrakoot in Case No. 690 of 2024 (State v. Kamlesh Yadav and others) arising out of Case Crime No. 0403 of 2004 under Sections 308, 323, 504, 506 IPC, Police Station Karvi Kotwali Nagar, District- Chitrakoot. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. 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 secure the ends of justice. Accordingly, prayer for quashing is declined. However, in the interest of justice, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Versus Counsel for Applicant(s) : Vinay Kumar Pal Counsel for Opposite Party(s) : G.A. Kamlesh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 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. With the aforesaid direction, this application is disposed of. September 15, 2025 Aditya Tripathi NA528 No. 35363 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad