HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34868 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Abhishek Rai, learned counsel for the applicants, 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 set aside the summoning order dated 09.10.2024 in Case No. 26698 of 2024 (State Vs. Avirendra Rai & others) passed by the learned Judicial Magistrate, Mau, under Sections 3(5), 115(2), 351(2) & 352 BNS; and Charge Sheet No.194 of 2024 dated 29.07.2024, under Sections 3(5), 115(2), 351(2) & 352 BNS and also entire proceedings of Case No. 26698 of 2024, arising out of First Information Report No. 219 of 2024 dated 12.07.2024, under Sections 3(5), 115(2), 352 & 351(2) B.N.S., 2023, registered as Case Crime No. 219 of 2024 with Police Station- Muhammadabad, District-Mau, initiated by the opposite party No.2, pending in the Court of learned Judicial Magistrate, Mau and to stay the entire proceedings of the aforesaid 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 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) : Abhishek Rai, Shriya Walia Counsel for Opposite Party(s) : G.A. Manoj Rai And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 make 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 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 9, 2026 Shivani Sri. NA528 No. 34868 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad