DHARMENDRA CHAUHAN @ DHARMENDRA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 37733 of 2026

Dharmendra Chauhan @ Dharmendra And Another
                                                               .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)                           :   Vikas Chauhan
Counsel for Opposite Party(s)                      :   G.A.

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

1. Heard Sri Vikas Chauhan, learned counsel for the applicants, 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 allow this application and to quash the charge sheet dated
15.12.2024 and summoning order dated 02.01.2026 passed by learned Chief
Judicial Magistrate, Mau as well as entire proceeding of Criminal Case
No.1163 of 2020 (State Vs. Dharmendra and another) arising out of
FIR/Case Crime No.562 of 2024 under sections 115(2), 352, 351(2) BNS,
2023, Police Station Ghosi, District Mau, pending in the Court of learned
Chief Judicial Magistrate, Mau.

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 make an
application for bail within 45 days from the date of the order, the same shall
                                                                                             NA528 No. 37733 of 2026
                                                                        2


                                    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 23, 2026
                                    Puspendra




Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad