HASIM ALIversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 14497 of 2026

Hasim Ali
                                                               .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)                :   Bindu Kumari, Kesha Verma
Counsel for Opposite Party(s)           :   G.A., Rakesh Kuamr Yadav

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

1. Heard Mr. Manikant Yadav holding brief of Mr. Bindu Kumari, learned
counsel for the applicant, learned A.G.A. for the State and perused the
record. None has appeared for the opposite party No. 2 even in the revised
call.

2. The present application under Section 528 BNSS has been filed with a
prayer to quash the charge sheet dated 24.07.2022 along with cognizance
order dated 24.01.2025 as well as entire criminal proceeding of Case no.
3060 of 2025 (State Vs. Hasim Ali and others) arising out of Case Crime No.
388 of 2022, under Sections 147, 323, 504, 506, 427 I.P.C., Police Station
Mauaima, District Prayagraj pending before the learned Court of Special
Chief Judicial Magistrate, Prayagraj.

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
appear or surrender through counsel before the Trial Court and makes an
                                                                                             NA528 No. 14497 of 2026
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                                    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 8, 2026
                                    Aditya Tripathi




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