Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14497 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Manikant Yadav holding brief of Mr. Bindu Kumari, learned counsel for the applicant, learned A.G.A. for the State and perused the record. None has appeared for the opposite party No. 2 even in the revised call. 2. The present application under Section 528 BNSS has been filed with a prayer to quash the charge sheet dated 24.07.2022 along with cognizance order dated 24.01.2025 as well as entire criminal proceeding of Case no. 3060 of 2025 (State Vs. Hasim Ali and others) arising out of Case Crime No. 388 of 2022, under Sections 147, 323, 504, 506, 427 I.P.C., Police Station Mauaima, District Prayagraj pending before the learned Court of Special Chief Judicial Magistrate, Prayagraj. 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 Versus Counsel for Applicant(s) : Bindu Kumari, Kesha Verma Counsel for Opposite Party(s) : G.A., Rakesh Kuamr Yadav Hasim Ali .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 8, 2026 Aditya Tripathi NA528 No. 14497 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad