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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 31017 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned summoning order dated 29.06.2017 under Sections 419, 420, 504 and 506 I.P.C., as well as bailable warrant order dated 17.11.2023 issued against the applicant in Complaint Case No. 557/2017 (Shorab v. Akhtar and others) under Sections 504, 506, 419, 420, 467, 468, 471, 406, 120B I.P.C. 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 applicants. 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. However, in the interest of justice, it is provided that in case the applicants move 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. Versus Counsel for Applicant(s) : Pradeep Kumar Mishra, Ved Prakash Mishra Counsel for Opposite Party(s) : G.A. Amit Kumar Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 applicants in the aforesaid case. With the aforesaid direction, this application is disposed of. September 4, 2025 Aditya Tripathi A482 No. 31017 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad