HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14376 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Dileep Kumar Srivastava, learned counsel for the applicants, Mr. Rahul Kumar Pandey, 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 charge sheet dated 09.01.2026 as well as cognizance/summoning order dated 20.02.2026 passed by Judicial Magistrate Kasiya, District Kushinagar in Criminal Case No. 491 of 2026 (State Versus Anup and others) arising out of Case Crime No. 815 of 2025 under sections 115 (2),126 (2), 333 B.N.S., 2023 pending in the court of Judicial Magistrate Kasiya, District Kushinagar. 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. 5. In case, the applicants are not on bail, it is 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 Versus Counsel for Applicant(s) : Dileep Kumar Srivastava Counsel for Opposite Party(s) : G.A., Rahul Kumar Pandey Anup @ Anup Prasad And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) be considered and disposed of expeditiously, after giving opportunity to the other side. 6. Further, it is provided that in case the applicants move 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. 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 applicants in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. September 8, 2026 Aditya Tripathi NA528 No. 14376 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad