HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19836 of 2026 Court No. - 73 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present application under Section 528 BNSS has been filed praying for quashing of charge sheet dated 03.08.2017, cognizance/ summoning order dated 18.11.2017 as well as entire proceeding of Case No. 4729 of 2017, State Vs. Manish Sahani), arising out of Case Crime No. 0396 of 2017, under Section 420 I.P.C. and Section 15(1), 15(3) of Medical Council Act, 1956, Police Station Hathras Kotwali, District Hathras. Further prayer has been for quashing of non bailable warrant issued against the applicant in the aforesaid case. 3. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. 4. Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing. The prayer praying for quashing of is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence. 5. However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that Versus Counsel for Applicant(s) : Krishna Kumar, Namit Srivastava Counsel for Opposite Party(s) : G.A. Manish Sahani .....Applicant(s) State of U.P. and Another .....Opposite Party(s) if the applicant appears and surrenders before the court below within twenty days from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law. 6. For a period of aforesaid twenty days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance. 7. The present application stands disposed of. (Dr. Gautam Chowdhary,J.) October 6, 2026 Mustaqeem. NA528 No. 19836 of 2026 2 Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad