HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13008 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. This is revised call. Heard Sri Kashi Nath Shukla, learned counsel for the applicants, learned A.G.A. for the State and perused the record. No one appears on behalf of opposite party no.2. 2. The present application under Section 528 BNSS has been filed with a prayer to allow this application and to quash entire criminal proceeding of Charge Sheet No.1 dated 23.08.2025 and Cognizance/summoning order dated 21.11.2025 passed by learned Additional Civil Judge (Senior Division) Court No. 6/Additional Chief Judicial Magistrate, Ghaziabad in Criminal Case No. 441 of 2025 (State Vs. Gaurav Varmani & others) arising out of Case Crime No. 488 of 2025 under sections 352, 351(3), 78, 79, 356 (2) B.N.S., Police Station Nandgram, Nagar Commissionerate Ghaziabad, District Ghaziabad pending in the Court of learned Additional Civil Judge (Senior Division) Court No. 6/Additional Chief Judicial Magistrate, Ghaziabad. 3. Learned counsel for the applicants submits that applicants have been falsely implicated due to election dispute of the Society with mala fide intent to harass the applicants. 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 Versus Counsel for Applicant(s) : Amit Kumar Pandey, Dheeraj Pandey, Kashi Nath Shukla Counsel for Opposite Party(s) : Avinash Chandra Srivastava, G.A. Shekhar Anand And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 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 make 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 18, 2026 Puspendra NA528 No. 13008 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad