HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39601 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 528 BNSS application has been filed to quash the impugned summoning order dated 13.06.2022 passed by learned Court of Second Additional Chief Judicial Magistrate, Gautam Budh Nagar as well as entire proceeding of in Complaint No. 1884 of 2018, (Mithilesh Shukla vs. Stonechem India Pvt. Ltd. & Another) under Sections 406 & 504 IPC, Police Station Sector-49 Noida, District Gautam Budh Nagar, pending in the court of Additional civil Judge (Junior Division)-2, Gautam Budh Nagar. 3. The contention of learned counsel for the applicant is that all allegation in FIR is false and baseless and not supported by any evidence. No case under the alleged sections is made out. 4. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that prima facie, offence under the alleged sections is made out against the applicant. He further submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage. 5. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused. Record shows that the proceedings before the trial court is pending for evidence under Section 244 Versus Counsel for Applicant(s) : Anil Kumar Jaiswal Counsel for Opposite Party(s) : G.A. M/S Stonechem India Pvt Ltd Through Its Director Smt Seema Singhal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Cr.P.C. Witness of the prosecution are being examined. 6. However, if applicant moves discharge application before the concerned court below, at appropriate stage, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application. 7. With the above directions, this 528 BNSS application is disposed of. September 18, 2026 Priyanka NA528 No. 39601 of 2026 2 (Deepak Verma,J.) Digitally signed by :- PRIYANKA KUSHWAHA High Court of Judicature at Allahabad