HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31989 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This application under Section 528 B.N.S.S. has been filed to quash the order of Non-Bailable Warrant dated 16.04.2025 issued by the learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 4, Bijnor in Case No. 795 of 2023 (State Vs. Hukam Singh) and the impugned charge sheet dated 02.11.2020 filed by the police in Case Crime No. 382 of 2020, under Sections 323, 504, 427, 308, 324, 452 IPC, Police Station- Chandpur, District-Bijnor as well as impugned cognizance and summoning order dated 09.01.2023 passed by the Chief Judicial Magistrate, Bijnor in the above mentioned case including the entire proceedings of Case No. 795 of 2023 (State Vs. Hukam Singh), pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Copurt No. 4, Bijnor arising out of Case Crime No. 382 of 2020, under Sections 323, 504, 427, 308, 324, 452 IPC, Police Station-Chandpur, District-Bijnor. Learned counsel of the applicant submits that the applicant is a physically disabled person. 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 Versus Counsel for Applicant(s) : Akash Dwivedi, Vikas Dwivedi Counsel for Opposite Party(s) : G.A. Hukam Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) secure the ends of justice. Accordingly, prayer for quashing is declined. 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. 31989 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad