HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10972 of 2026 Court No. - 76 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Sudhanshu Kumar Singh, 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 quash the entire criminal proceedings of Complaint Case No.15767 of 2024 (Shubham Bansal Vs. Manish Gupta), under sections 406 of I.P.C., Police Station Nai Mandi, District Muzaffar Nagar and summoning order dated 06.06.2025 passed by learned Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Muzaffarnagar. 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. However, in the interest of justice as the matter pertains to warrant case instituted on private complaint, it is provided that in case the applicant claims discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court in accordance with law after giving Versus Counsel for Applicant(s) : Sudhanshu Kumar Singh Counsel for Opposite Party(s) : G.A. Manish Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s) opportunity of hearing to both the parties by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment. 6. In case, the applicants are not on bail, it is further 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. Till the disposal of the discharge application, no coercive measures shall be taken against the applicant in the aforesaid case. 8.With the aforesaid direction, this application is disposed of. March 19, 2026 Aditya Tripathi NA528 No. 10972 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad