HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8536 of 2026 Court No. - 76 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. D. M. Tripathi, learned counsel for the applicant, Mr. Piyush Kumar Shukla, 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 allow this application and quash the summoning order dated 02.12.2025 passed by learned Additional Chief Judicial Magistrate, Court No. 1, Jhansi in Complaint Case No. 1232/2024 (Mahendra Kumar Rajak Vs. Rohit Rajak @ Sonu and others), under Sections 452, 323 and 504 of I.P.C., Police Station-Premnagar, District- Jhansi, and also quash the entire criminal proceedings of Complaint Case No. 1232/2024 (Mahendra Kumar Rajak Vs. Rohit Rajak @ Sonu and others), under sections 452, 323 and 504 of I.P.C., Police Station- Premnagar, District-Jhansi, pending before the learned Additional Chief Judicial Magistrate, Court No. 1, Jhansi. 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 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. 4. Accordingly, prayer for quashing is declined. Versus Counsel for Applicant(s) : Devendra Mani Tripathi Counsel for Opposite Party(s) : G.A., Piyush Kumar Shukla Rohit Rajak @ Sonu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. However, in the interest of justice as the matter pertains to warrant case instituted on private complaint, it is provided that in case the applicants claim discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court in accordance with law after giving opportunity of hearing to both the parties by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment. 6. In case, the applicants are not on bail, it is further directed that if the applicants appear or surrender 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. 7. Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case. 8.With the aforesaid direction, this application is disposed of. March 19, 2026 Aditya Tripathi NA528 No. 8536 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad