HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14361 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Yashpal Yadav, learned counsel for the applicant, 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 17.09.2024, Order taking Cognizance dated 22.08.2025 and the proceedings initiated against the applicant in pursuance thereof, at Criminal Case No. 6530 of 2025 (State Vs Harshit) arising out of Case crime No. 92 of 2024 U/S 191(2), 115(2) 352 BNS, P.S- Babri, District Shamli and pending before Additional Civil Judge (JD) / J.M., Court No. 1, Kairana, District-Shamli. 3. Learned counsel for the applicant submits that the instant FIR has been lodged on the basis of false and frivolous allegations. There is no video clipping to substantiate the allegations made in the FIR. It has further been submitted that in the statement recorded under Section 161 Cr.P.C., the victim has stated that he does not want to proceed against the accused. 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) : Lalji Yadav, Yashpal Yadav Counsel for Opposite Party(s) : G.A. Vansh Pratap Singh .....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 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. 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 applicants in the aforesaid case. 9. With the aforesaid direction, this application is disposed of. September 8, 2026 Aditya Tripathi NA528 No. 14361 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad