HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8668 of 2026 Court No. - 76 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Kunjesh Kumar Dubey, 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 entire proceedings of Complaint Case No. 2482 of 2017 (Sunil Agrawal v. Shiv Kumar Shukla) under Sections 385, 506 IPC, Police Station-Kothi Bhar, District-Mahrajganj pending before Civil Judge (J.D.)/Judicial Magistrate, Mahrajganj as well as quash the summoning order dated 02.09.2019. 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. However, in the interest of justice as the matter pertains to warrant case instituted on private complaint, it is provided that in case the applicants claim discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court in accordance with law after giving opportunity of hearing to both the parties by a reasoned and speaking order Versus Counsel for Applicant(s) : Kunjesh Kumar Dubey Counsel for Opposite Party(s) : G.A. Shiv Kumar Shukla .....Applicant(s) State of U.P. and Another .....Opposite Party(s) within six weeks from the date of the application, if there is no other legal impediment. 6. In case, the applicants are not on bail, it is further directed that if the applicants appear or surrender 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. 7. Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case. 8.With the aforesaid direction, this application is disposed of. March 19, 2026 Aditya Tripathi NA528 No. 8668 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad