HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32492 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard Sri Surendra Kumar Singh, holding brief of Sri Rohit Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 528 B.N.S.S. has been preferred to stay the further proceeding as well as summoning order dated 02.02.2022 passed by Chief Judicial Magistrate, Mau in Criminal Case No. 327 of 2022 (State Vs. Satvant Chauhan) arising out of Case Crime No. 43 of 2021, under Section 406 IPC, Police Station-Ghosi, District-Mau, pending in the court of Chief Judicial Magistrate, Mau, during the pendency of the present application under Section 528 BNSS, 2023 and to stay the charge sheet dated 26.02.2021 in Case Crime No. 43 of 2021, under Section 406 IPC, Police Station-Ghosi, District-Mau, pending in the Court of Chief Judicial Magistrate, Mau. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie 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 under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicant is refused. Versus Counsel for Applicant(s) : Rohit Kumar Singh Counsel for Opposite Party(s) : G.A. Satvant Chauhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in Criminal Case No. 327 of 2022 (State Vs. Satvant Chauhan) arising out of Case Crime No. 43 of 2021, under Section 406 IPC, Police Station-Ghosi, District-Mau. With the above observations, this application under Section 528 B.N.S.S. is disposed of. September 4, 2025 Shivani NA528 No. 32492 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad