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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9494 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Pankaj Dwivedi learned counsel for the applicant, Mr. Virendra Kumar Srivastava, learned counsel for the opposite party No. 2, 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 impugned charge sheet dated 27.02.2025, cognizance order/summoning order dated 09.01.2026 passed by learned Chief Judicial Magistrate, Agra as well as entire proceeding of Case No. 2390 of 2026 (State Vs. Neeraj Bhardwaj & others), arising out of Case Crime No. 480 of 2022, under Sections 498A, 323, 504, 506 IPC & 3/4 of Dowry Prohibition Act, Police Station-Sikandara, District-Agra, pending in the court of learned Chief Judicial Magistrate, Agra. 3. 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. 4. Accordingly, prayer for quashing is declined. 5. 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 makes an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side. Versus Counsel for Applicant(s) : Pankaj Dwivedi Counsel for Opposite Party(s) : Ashish Kumar Srivastava, G.A., Virendra Kumar Srivastava Neeraj Bhardwaj .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. However, in the interest of justice, it is further provided that in case the applicant moves an application for discharge at an appropriate stage through counsel within 45 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. 7.
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. 8. With the aforesaid direction, this application is disposed of. March 25, 2026 Shivani NA528 No. 9494 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad