HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35359 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant and learned AGA for the State. The present application under Section 528 BNSS has been filed with a prayer to quash the Non-bailable warrant alongwith proceedings of 82/83 Cr.P.C. dated 11.08.2025 passed by Judicial Magistrate, Court No. 8, Kanpur Nagar as well as entire proceedings of Case No. 3875 of 2004 (State v. Kuber Singh) arising out of Case Crime No. 90 of 2003 under Sections- 279, 338, 304 I.P.C., Police Station-Raipurwa, District-Kanpur Nagar. 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 applicant. 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 BNSS. 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 applicant is refused. However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies 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 Versus Counsel for Applicant(s) : Ravindra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Kuber Singh @ Kumer Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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, no coercive measures shall be taken against the applicant. With the above observations, this application under Section 528 BNSS is disposed of. September 15, 2025 Aditya Tripathi NA528 No. 35359 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad