HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35309 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of the Case No. 39079 of 2022 (State vs. Sunil Kumar and another) arising out of Case Crime No. 296 of 2022, under Sections 323, 504 IPC, Police Station Civil Lines, District Moradabad, pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 2, Moradabad including charge sheet dated 26.4.2022 as well as cognizance/summoning order dated 28.6.2022 and other process issued against the applicants. It has been submitted by learned counsel for the applicants that the applicants were named as an accused in an FIR lodged under Sections 354B, 504, 323 IPC. Subsequently, after the investigation, section 354B was dropped and the charge sheet has been submitted under Sections 323 and 504 IPC which are non cognizable offence but have been summoned to face trial as a state case. It has been submitted that the impugned order is erroneous, as the report submitted would have been treated as a complaint case. For the ends of justice, the matter is remitted back to the court concerned to pass a fresh order in accordance with law treating the matter as a complaint case. 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 Versus Counsel for Applicant(s) : Rakesh Kumar Verma Counsel for Opposite Party(s) : G.A. Sunil Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 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 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. 39079 of 2022 (State vs. Sunil Kumar and another) arising out of Case Crime No. 296 of 2022, under Sections 323, 504 IPC, Police Station Civil Lines, District Moradabad. With the above observations, this application is disposed of. September 15, 2025 Puspendra NA528 No. 35309 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad