HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14305 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Sunil Kumar, learned counsel for the applicant, Mr. Raj Kapoor Upadhyay, 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 entire proceedings of Criminal Case No. 951/2026 (State vs. Sunita Devi), under Section 318(4) B.N.S., (arising out of Case Crime No.82/2025, Police Station-Neuria, District-Pilibhit pending in the court of learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Pilibhit and also to quash the charge sheet No.213/2025 dated 31.10.2025 and the impugned cognizance/summoning order dated 07.02.2026 passed by the learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Pilibhit and to stay the further proceedings of the aforesaid Criminal Case. 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. Versus Counsel for Applicant(s) : Deepika Saxena, Sunil Kumar Counsel for Opposite Party(s) : G.A., Raj Kapoor Upadhyay Smt Sunita Devi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 6. Further, it is provided that in case the applicant moves 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 applicant in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. September 8, 2026 Shivani Sri. NA528 No. 14305 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad