HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16922 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. Pursuant to the order dated 10.09.2025, office has traced and placed the rejoinder affidavit on record. However, learned counsel for the applicants wants to withdraw the rejoinder affidavit. Accordingly, rejoinder affidavit filed by the applicants is returned back to the counsel for the applicants. The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and to quash/stay the impugned charge sheet dated 13.01.2025 and Summoning/Cognizance Order dated 04.02.2025 passed by learned Chief Judicial Magistrate, Aligarh as well as entire proceeding of Criminal Case No. 3044 of 2025 (State vs. Umar Mohammad and others) arising out of Case Crime No. 496 of 2024, under Sections 420, 467, 468, 471, 120B IPC, Police Station Civil Lines, District Aligarh, pending in the Court of Chief Judicial Magistrate, District Aligarh. 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 Versus Counsel for Applicant(s) : Ashok Kumar Yadav, Pramod Kumar Pandey, Veerendra Kumar Shukla Counsel for Opposite Party(s) : Akhilesh Srivastava, Anil Kumar Mishra, G.A., Saksham Srivastava Umar Mohd. And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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 17, 2025 Puspendra NA528 No. 16922 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad