HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14596 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Syed Azeem Uddin, learned counsel for the applicant, Sri Santosh Kumar Rai, learned counsel for opposite party no.2, 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 proceedings pending in the court of learned additional Civil Judge (Junior Division) III/Judicial Magistrate, Kanpur Nagar of Case No. 7681 of 2026 (State vs. Araslan and others), pending in pursuance of chargesheet dated 14.6.2025 and Cognizance order dated 22.12.2025 arising out of Case Crime No. 76 of 2025 (State vs. Araslan and others) under sections 115 (2), 351(3), 352, 333 B.N.S., P.S Colonelganj, District: Kanpur Nagar, 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) : Shivang Kumar Pandey, Syed Azeem Uddin Counsel for Opposite Party(s) : G.A., Santosh Kumar Rai Meraj @ Meraj Bangali .....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. 14596 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad