HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35343 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. The present application under Section 528 BNSS has been filed with a prayer to quash impugned charge-sheet 08.06.2016 (Annexure No. 2 to the affidavit) charge sheeted applicant under Sections 406, 420, 467, 468, 471 IPC, Police Station-Sadar Bazar, District-Mathura in Criminal Case No. 96 of 2018 (State v. Neeraj Srivastava) arising out of Case Crime No.109 of 2016 as well as quash the cognizance/summoning order dated 15.01.2018 passed by the learned Additional Judicial Magistrate, Mathura and also quash non-bailable warrant dated 20.03.2022. It has been submitted by learned counsel for the applicant that Section 406 and 420 IPC cannot exist simultaneously. 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) : Abhishek Kumar Shukla, Amit Kumar Kushwaha Counsel for Opposite Party(s) : G.A. Neeraj Srivastava .....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 15, 2025 Aditya Tripathi NA528 No. 35343 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad