HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35688 of 2026 Court No. - 77 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Swadesh Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to quash the Charge sheet dated 29.09.2005 as well as N.B.W. Order dated 30.09.2024 alongwith 83 Cr.P.C. and summoning/cognizance order dated 23.12.2005 in Case No.3998 of 2026 (State Vs. Sagir), arising out of Case Crime No.1548 of 2005, Under Section 489B I.P.C. Police Station-Sipri Bazar, District-Jhansi, pending in the Court of Civil Judge (Senior Division), Jhansi. 3. The cognizance order is of the year 2005. 4. 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 applicant. 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. 5. Accordingly, prayer for quashing is declined. 6. In case, the applicant is not on bail, it is directed that if the applicant appears or surrenders through counsel before the Trial Court and make an application for bail within 45 days from the date of the order, the same Versus Counsel for Applicant(s) : Anita Mishra, Swadesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Sageer @ Sageer Ahmad @ Sanu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) shall be considered and disposed of expeditiously, after giving opportunity to the other side. 7. Further, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within six weeks thereafter. 8. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant in the aforesaid case. 9. With the aforesaid direction, this application is disposed of. October 6, 2026 Nisha NA528 No. 35688 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad