MUNSHI RAM AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 14517 of 2026

Munshi Ram And 6 Others
                                                              .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Deepak Singh, Mohd Arif, Mukul
                                Yadav, Rajesh Yadav
Counsel for Opposite Party(s) : G.A., Mumtaz Ahmad Siddiqui, Riyaz
                                Ahmad Siddiqui

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

1. Heard Mr. Rajesh Yadav, learned counsel for the applicants, Mr. Riyaz
Ahmad Siddiqui, learned counsel for the opposite party No.2, learned
A.G.A. for the State and perused the record.

2. Learned counsel for the applicants prays for and is permitted to delete
the applicant No. 7, Vijay Kumar @ Brajmohan, from the array of the
parties during the course of the day.

3. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and permit the applicants to appear through
counsel in the court of learned Additional Chief Judicial Magistrate, Court
No.-4, Moradabad in Case No. 9104 of 2022, State v. Munshi Ram and
others arising out of Case Crime No. 287 of 2022, under Sections 452, 324,
504, 147 1.P.C., Police Station-Majhola, District-Moradabad

4. 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.

5. Accordingly, prayer for quashing is declined.
                                                                                              NA528 No. 14517 of 2026
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                                    6. 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
                                    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. 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.

                                    8. 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.

                                    9. 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