HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34872 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Supplementary affidavit filed by learned counsel for the applicant, is taken on record. 2. Heard Sri Vijay Kumar Dubey, learned counsel for the applicant, learned AGA for the State and perused the record. 3. The present application under Section 528 BNSS has been filed with a prayer to allow this application by quashing the entire proceedings of Case No. 31977 of 2025, arises out of Case Crime No. 163 of 2025 (State Vs. Mahesh Chandra and others) under Sections 115(2), 352, 351(2) B.N.S., Police Station Araul, District Kanpur Dehat pending in the Court of learned Additional Chief Judicial Magistrate-IIIrd, Kanpur Dehat together with impugned charge-sheet dated 23.09.2025 and impugned notice/summoning order dated 23.12.2025 passed by the learned Magistrate. 4. Learned counsel for the applicant submits that the learned Magistrate without application of mind treated the case as complaint case and issued notice under section 223 of BNSS but without summoning the applicant, the applicant was released on bail of his surrender application. 5. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie 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 misuse of judicial mechanism or procedure, sentence or order was not Versus Counsel for Applicant(s) : Aditi Srivastava, Vijay Kumar Dubey Counsel for Opposite Party(s) : G.A. Saurabh Katiyar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. 6. Accordingly, prayer of the applicant is refused. 7. However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies for bail before the concerned court within four weeks from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. 8. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive measures shall be taken against the applicant. 9. With the above observations, this application is disposed of. September 23, 2026 Puspendra NA528 No. 34872 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad