HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33728 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard Ms. Rani Kumari, holding brief of Sri Lal Bahadur, learned counsel for the applicants, 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 quash the impugned charge sheet dated 18.10.2023 as well as Summoning order dated 16.02.2024 summoned by Chief Judicial Magistrate, Court Bijnor in Case No. 11408 of 2024 (State Versus Sharif and others) arising out of Case Crime No. 393 of 2023, under Sections 308, 323, 504, 506 IPC, Police Station-Seohara, District-Bijnor and also entire proceeding of case, which is pending before Civil Judge (Junior Division)/F.T.C. Ist, Bijnor. 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 applicants. 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 applicants is refused. However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail before the concerned court within 30 days from today, the same shall be considered and disposed Versus Counsel for Applicant(s) : Lal Bahadur, Ram Sajiwan Prajapati Counsel for Opposite Party(s) : G.A. Sharif And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 applicants in Case No. 11408 of 2024 (State Versus Sharif and others) arising out of Case Crime No. 393 of 2023, under Sections 308, 323, 504, 506 IPC, Police Station-Seohara, District-Bijnor. With the above observations, this application under Section 528 B.N.S.S. is disposed of. September 4, 2025 Shivani NA528 No. 33728 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad