HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10550 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Gopal Krishna Pandey, learned counsel for the applicant, Mr. Subedar 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 entire proceeding of Case Crime No.539 of 2019 (State vs. Chhabilal Yadav), under Sections 419, 420 and 409 I.P.C., Police Station-Kotwali Nagar, District-Mau including Charge Sheet dated 21.06.2020 as well as cognizance/summoning order dated 12.12.2025 passed by learned Chief Judicial Magistrate, Mau and to stay the further proceedings of the aforesaid Case Crime. 3. Learned counsel for the applicant submits that the applicant has rendered his service as District Consultant in the 'Swachh Bharat Mission' on a contract basis and no financial power was assigned to the applicant. It has also been submitted that the allegations of embezzlement against the applicant are false and frivolous. 4. 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. Versus Counsel for Applicant(s) : Gopal Krishna Pandey Counsel for Opposite Party(s) : Subedar Shukla, G.A. Chhabi Lal Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Accordingly, prayer for quashing is declined. 6. 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. 7. 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. 8. 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. 9. With the aforesaid direction, this application is disposed of. September 8, 2026 Shivani Sri. NA528 No. 10550 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad