HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38122 of 2026 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The present 528 B.N.S.S. application has been filed to quash the entire proceeding of Complaint Case No.30354 of 2023 (Kale Kumar vs. Prem Kumar), under sections 452, 504, 506 I.P.C., Police Station Nagphani, District Moradabad, pending in the court of learned Civil Judge (Senior Division), Moradabad. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. From perusal of contents of complaint, no offence under alleged sections is made out against applicant. 5. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that prima facie, offence under the alleged sections is made out against the applicant. He further submitted that submission raised by applicant's counsel are disputed question of facts, which cannot be entertained at this stage. 6. The prayer for quashing the entire proceedings and summoning order of the aforesaid case against the applicants is, hereby, refused. Versus Counsel for Applicant(s) : Ajay Kumar, Rishi Kant Singh Chauhan Counsel for Opposite Party(s) : G.A. Prem Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. However, if applicant moves discharge application before the concerned court below at appropriate stage, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application. 8. With the above directions, this 528 B.N.S.S. application is disposed of. October 6, 2026 SKD NA528 No. 38122 of 2026 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad