HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35338 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 528 BNSS has been filed with the following reliefs:- "a. Set aside the Summoning Order dated 04.07.2025 (wrongly typed as 04.07.2024) passed by the Court of Ld. Chief Judicial Magistrate, District: Kanpur Nagar in Case No. 97118 of 2025 (titled 'State v. Dr. Nirmal Kumar Kheria and Others.') under Sections 305, 331, 324(4) and 317 of the Bharatiya Nyaya Sanhita, 2023 arising out of Case Crime No. 75 of 2024 registered at Police Station Chhawani (Cantt.), District: Commissionerate, Kanpur Nagar under Section 305, 331 and 324(4) of Bharatiya Nyaya Sanhita, 2023 whereby the Ld. Chief Judicial Magistrate, District Kanpur Nagar has issued summons against the Applicants herein; b. Quash the Charge Sheet dated 20.09.2024 filed by the Police Authorities under Sections 305, 331, 324(4) and 317 of Bharatiya Nyaya Sanhita, 2023 against the Applicants herein before the Ld. Chief Judicial Magistrate, District: Kanpur Nagar arising out of Case Crime No. 75 of 2024 registered at Police Station Chhawani (Cantt.), District: Commissionerate, Kanpur Nagar under Section 305, 331 and 324(4) of Bharatiya Nyaya Sanhita, 2023. c. Quash the entire proceedings of Case No. 97118 of 2025 (titled 'State v. Dr. Nirmal Kumar Kheria and Others.') under Sections 305, 331, 324(4) and 317 of the Bharatiya Nyaya Sanhita, 2023 pending before the Court of Ld. Chief Judicial Magistrate District, Kanpur Nagar against the Applicants herein, arising out of Case Crime No. 75 of 2024 registered at Police Station Chhawani (Cantt.), District Commissionerate, Kanpur Nagar under Section 305, 331 and 324(4) of Bharatiya Nyaya Sanhita, 2023. AND pending disposal of the instant Section 528 Application, it is expedient and in the Versus Counsel for Applicant(s) : Ami Tandon Counsel for Opposite Party(s) : G.A. Priti Kheria And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) interest of justice that the further proceedings of the Case No. 97118 of 2025 (titled 'State v. Dr. Nirmal Kumar Kheria and Others.") under Sections 305, 331, 324(4) and 317 of the Bharatiya Nyaya Sanhita, 2023 pending before the Court of Ld. Chief Judicial Magistrate District, Kanpur Nagar against the Applicants herein arising out of Case Crime No. 75 of 2024 registered at Police Station Chhawani (Cantt.), District Commissionerate, Kanpur Nagar under Section 305, 331 and 324(4) of Bharatiya Nyaya Sanhita, 2023 may be directed to remain stayed, otherwise the applicants shall suffer irreparable loss and injury." It has been submitted by learned counsel for the applicants that the applicants have been falsely implicated and are senior citizens have been summoned to face the trial. It has also been submitted that the applicant No. 2 is in Coma and is unable to participate in the court proceedings. 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. 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 15, 2025 Aditya Tripathi NA528 No. 35338 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad