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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14709 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Animesh Kumar Verma holding brief of Sri Deepak Kumar Verma, 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 allow this application and to quash the entire proceeding of the Case No. 709 of 2026 (State vs. Devendra Singh) under sections 324(4), 352, 351(2) BNS, Police Station Manjhanpur, District Kaushambi in NCR No. 08 of 2025 converted in Case Crime No. 280 of 2025, pending in the Court of learned Chief Judicial Magistrate, Kaushambi as well as impugned charge sheet No. A310 of 2025 dated 14.12.2025, the cognizance/summoning order dated 18.02.2026 and other process issued against him. 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. 5. In case, the applicant is not on bail, it is directed that if the applicant Versus Counsel for Applicant(s) : Akansha Verma, Deepak Kumar Verma Counsel for Opposite Party(s) : Vishnu Murti Tripathi, G.A. Devendra Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 Puspendra NA528 No. 14709 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad