HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37786 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Raj Kamal, learned counsel for the applicant, 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 quash the impugned chargesheet No. 159/2024 dated 10.11.2024 and cognizance order dated 3.2.2025 passed by Chief Judicial Magistrate, Etah in Criminal Case No. 587 of 2025, (State v. Devendra alias Chhotey), arising out of Case Crime No. 154/2024, under Section 217, 248(A), B.N.S., Police Station-Marhara, District-Etah as well as the entire proceeding of Criminal Case No. 587 of 2025, (State v. Devendra alias Chhotey), arising out of Case Crime No. 154/2024, under Section 217, 248(A), B.N.S., Police Station-Marhara, District-Etah. 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 Versus Counsel for Applicant(s) : Raj Kamal Counsel for Opposite Party(s) : G.A. Devendra Alias Chhotey .....Applicant(s) State Of U.P. And 5 Others .....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 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 23, 2026 Aditya Tripathi NA528 No. 37786 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad