HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14517 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Rajesh Yadav, learned counsel for the applicants, Mr. Riyaz Ahmad Siddiqui, learned counsel for the opposite party No.2, learned A.G.A. for the State and perused the record. 2. Learned counsel for the applicants prays for and is permitted to delete the applicant No. 7, Vijay Kumar @ Brajmohan, from the array of the parties during the course of the day. 3. The present application under Section 528 BNSS has been filed with a prayer to allow this application and permit the applicants to appear through counsel in the court of learned Additional Chief Judicial Magistrate, Court No.-4, Moradabad in Case No. 9104 of 2022, State v. Munshi Ram and others arising out of Case Crime No. 287 of 2022, under Sections 452, 324, 504, 147 1.P.C., Police Station-Majhola, District-Moradabad 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 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. 5. Accordingly, prayer for quashing is declined. Versus Counsel for Applicant(s) : Deepak Singh, Mohd Arif, Mukul Yadav, Rajesh Yadav Counsel for Opposite Party(s) : G.A., Mumtaz Ahmad Siddiqui, Riyaz Ahmad Siddiqui Munshi Ram And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. 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 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. 14517 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad