Neutral Citation No. - 2025:AHC-LKO:16448 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 220 of 2025 Applicant :- Subhash Chandra Verma @ Subhash Verma And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko. And Another Counsel for Applicant :- Mohd.Yasin Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and learned AGA for the State and perused the record. 2. The present application has been filed by the applicants with the following prayer:- " to quash the impugned Final Report /Charge Sheet No.A305 of 2024; dated 13.11.2024; under Sections 3(5), 316(2), 318(4), 352 & 351(3) of the B.N.S.S. relating to Police Station - Tanda, District - Ambedkar Nagar as well as the impugned cognizance order dated 27.02.2025 in the Crimina Case No. Nil (State versus Subhash Verma & Others) under Sections 3(5), 316(2), 318(4), 352 & 351(3) of the B.N.S.S. relating to Police Station - Tanda, District - Ambedkar Nagar." 3. Learned counsel for the applicants has submitted that the applicants have not at all involved in the present case and they have falsely been implicated by the respondent by making the applicants as accused by lodging the F.I.R. against them alongwith other co-accused persons. 4. It is further submitted that the applicants had never ever asked the complainant i.e. Respondent No.2 for sale of his land situated at village at the consideration of Rs.2053000/-. The applicants had not received any money from the complainant and the alleged money has been transferred in the accounts of the other co-accused persons. 5. It is further submitted that Sections 316(2) and 318(4) of BNSS, 2023 cannot go together as per law settled in the case of Delhi Race Club (1940) Ltd. and others vs. State of Uttar Pradesh and another reported in 2024 10 SCC 690. 6. It is further submitted that the applicants are living separately and they have no concerned with other co-accused persons in whose accounts the money has been transferred or credited by the complainant or through his brother. 7. On the other hand learned A.G.A. has very fairly submitted that as per law settled, the proceedings under Section 316(2) and 318(4) of BNSS cannot go together but there are other sections also in the F.I.R. and the chargesheet has been filed after the investigation by the police and only thereafter the cognizance has been taken and the applicant has a remedy to move a discharge application before the trial court. 8. After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 9. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 10. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. It is also provided that in case applicants move discharge application before the court concerned, the same shall also be decided in accordance with law. 11. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. 12. With the aforesaid observations, the present application, is disposed of. Order Date :- 21.3.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench