HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26832 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. This application under Section 528 BNSS has been filed to quash the charge sheet dated 07.01.2025 relating to Case Crime No. 0185 of 2024, under Sections 147, 323, 504, 506 IPC, Police Station-Phaphamau, Prayagraj and cognizance order dated 02.04.2025 passed by learned Additional Chief Judicial Magistrate, Court No. 6, Allahabad and entire proceedings of Criminal Case No. 286 of 2025 State Vs. Manish Mishra and others, under Sections 147, 323, 504, 506 IPC, Police Station-Phaphamau, Prayagraj. Learned counsel for the applicants submits that the applicant Nos. 1 and 2 and respondent No. 2 are the real brothers and due to the dispute concerning the gift deed, the alleged FIR has been registered at a very belated stage. 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 Versus Counsel for Applicant(s) : Amit Kumar Mishra, Devendra Dahma Counsel for Opposite Party(s) : G.A. Shyam Kishor Mishra And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 Shivani NA528 No. 26832 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad