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2025 DAILYLAW 101561 (ALL)

RISHI KUMAR ALIAS SARVESH KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/38078/2025 · 2025-09-25

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38078 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application u/s 528 of B.N.S.S. has been filed with a prayer to quash the charge sheet dated 06.10.2023 and cognizance order dated 22.12.2023 passed by the learned Additional Chief Judicial Magistrate-I, Bareilly in Case Crime No. 483 of 2023, u/s 332, 353, 204, 323, 504, 506 IPC, P.S. Baradari, District Bareilly and stay the further proceeding in the aforesaid case. The main submission of the learned counsel for the applicants is that due to biased investigation, the applicants have been summoned to face trial u/s 332, 353, 204, 323, 504, 506 IPC. 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. Accordingly, prayer of the applicants is refused. However, in view of the submissions, it is provided that in case the applicants move application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. Versus Counsel for Applicant(s) : Amrendra Nath Rai, Sanjay Singh Counsel for Opposite Party(s) : G.A. Rishi Kumar Alias Sarvesh Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid direction, the present application u/s 528 B.N.S.S. is disposed of. September 26, 2025 Nisha NA528 No. 38078 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad