FAIZ ALI AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 11550 of 2026

Faiz Ali And 3 Others
                                                               .....Applicant(s)
                                     Versus

State of U.P. and Another
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)      : Akhilesh Kumar Singh, Mohammad
                                Danish
Counsel for Opposite Party(s) : G.A., Sandeep Kumar Srivastava

Court No. - 80
                  HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Mohammad Danish, learned counsel for the applicants, Mr.
Sandeep Kumar Srivastava, learned counsel for the opposite party No. 2,
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 set-aside/quash the impugned chargesheet dated 15.01.2026 along
with cognizance order dated 18.02.2026 passed by the learned Additional
Chief Judicial Magistrate-III, Amroha, as well as the entire proceedings of
Case No. 131 of 2026 (State Vs. Faiz Ali and others) arising out of Case
Crime No. 312 of 2025, for the offence punishable under Sections 318(4),
340(2), 352, 351(2) of B.N.S., Police Station Said Nagali, District Amroha,
pending in the court of learned Additional Chief Judicial Magistrate-III,
Amroha.

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. In case, the applicants are not on bail, it is directed that if the applicants
                                                                                             NA528 No. 11550 of 2026
                                                                        2


                                    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.

                                    6. 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.

                                    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
                                    applicants in the aforesaid case.

                                    8. With the aforesaid direction, this application is disposed of.



                                                                                        (Nand Prabha Shukla,J.)
                                    September 9, 2026
                                    Aditya Tripathi




Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad