HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32999 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard Sri Parth Chaubey, holding brief of Sri Rakesh Tripathi, 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 to quash the entire proceedings of Sessions Trial No. 940 of 2025 (State Vs. Shubham and others) arising out of Case Crime No. 142 of 2025, under Sections 115(2), 351(3) of B.N.S. at Police Station-Garhmukteshwar, District-Hapur as well as charge sheet dated 13.04.2025 and cognizance order dated 08.05.2025 pending before Additional District and Sessions Judge/Special Judge, POCSO Act, District-Hapur. It has been submitted by learned counsel for the applicant that the applicant had no role to play and has been falsely implicated. In the statement of the victim recorded under Section 183 of the BNSS, the victim had not disclosed the name of the applicant. 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. 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. Versus Counsel for Applicant(s) : Rakesh Tripathi I Counsel for Opposite Party(s) : G.A. Atul .....Applicant(s) State of U.P. and Another .....Opposite Party(s) However, in the interest of justice, it is provided that in case the applicant moves 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 applicant in the aforesaid case. With the aforesaid direction, this application is disposed of. September 10, 2025 Shivani NA528 No. 32999 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad