HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34865 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Shriman Narayan Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 B.N.S.S. has been preferred to allow this application and quash the impugned N.B.W. dated 25.09.2018 in Case No. 2391/1995 (State Vs. Ram Kumar Gaur) as well as entire proceeding of Case Crime No. 693D of 1992, under Section 420 I.P.C., P.S.- Hari Parvat, District-Agra, pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 5, Agra and to stay the further proceeding 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 prima facie 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 under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. 4. Accordingly, prayer of the applicant is refused. 5. However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies for bail before the Versus Counsel for Applicant(s) : Shriman Narayan Tiwari Counsel for Opposite Party(s) : G.A. Ram Kumar Gaur .....Applicant(s) State of U.P. and Another .....Opposite Party(s) concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. 6. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in Case No. 2391/1995 (State Vs. Ram Kumar Gaur) as well as entire proceeding of Case Crime No. 693D of 1992, under Section 420 I.P.C., P.S.- Hari Parvat, District-Agra. 7. With the above observations, this application under Section 528 B.N.S.S. is disposed of. September 9, 2026 Shivani Sri. NA528 No. 34865 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad