HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11833 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Sri Najakat Ali, learned counsel for the applicants, Sri Ramji Singh Patel holding brief of Sri Syed Fahim Ahmed, 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 of Criminal Case No. 131 of 2026, (State Vs. Riyaz & Others) pending in the Court of learned Chief Judicial Magistrate, District Rampur, pursuant to impugned summoning order dated 20.01.2026 summoning the Applicant No. 1 under Sections 452, 69, 79 B.N.S. & Applicant No. 2 & 3 under Sections 352, 351(2) B.N.S., bearing Case Crime No. 352 of 2025, Police Station- Tanda, District-Rampur. 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 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. 4. Accordingly, prayer for quashing is declined. 5. 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 make an Versus Counsel for Applicant(s) : Najakat Ali, Sarvar Ali Counsel for Opposite Party(s) : G.A., Syed Fahim Ahmed Riyaz Mohammad And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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. 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 applicants in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. September 18, 2026 Puspendra NA528 No. 11833 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad