HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35350 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 a prayer to quash the impugned cognizance order dated 07.08.2025 passed by learned Chief Judicial Magistrate, Etah in Criminal Case No. 14573/2025 (State of U.P. v. Ramesh Chandra Dixit and another) arising out of Case Crime No. 896 of 2022 under Sections 323, 452, 504, 506 IPC, Police Station-Kotwali Nagar, District-Etah It has been submitted by learned counsel for the applicants that cognizance/summoning order dated 07.08.2025, is bad in the eyes of the law as the co-accused, Anurag Dixit, has been already summoned as an accused though he has expired on 10.01.2024. It has further been submitted that the applicant being a senior citizen, has been falsely implicated. 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. Versus Counsel for Applicant(s) : Manjul Mishra Counsel for Opposite Party(s) : G.A. Ramesh Chandra Dixit .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 35350 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad