HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 18536 of 2021 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Ashish Kumar Chaurasiya, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C., has been filed with a prayer to quash the entire proceeding in pursuance of the impugned charge sheet dated 16.12.2015 and order taking cognizance dated 22.06.2021 in Criminal Case No. 28328 of 2021 arising out of Case Crime No. 327 of 2015 under Section 147, 148, 149, 352, 504, 506 IPC and Section 7 of the Criminal Law Amendment Act, Police Station-Barhalganj, District- Gorakhpur pending in the Court of learned Additional Civil Judge (S.D.)II/Additional Chief Judicial Magistrate, Gorakhpur. 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 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 Versus Counsel for Applicant(s) : Ashish Kumar Chaurasiya, Pandey Balkrishna Counsel for Opposite Party(s) : G.A. Vimlesh Tiwari .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 16, 2026 Aditya Tripathi A482 No. 18536 of 2021 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad