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2025 DAILYLAW 16909 (ALL)

VIMLESH ALIAS PUKKI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/5149/2025 · 2025-05-18

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83319 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5149 of 2025 Applicant :- Vimlesh Alias Pukki And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Digvijay Singh,Sudhir Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 10.11.2023 passed by Additional District and Session Judge, FTC 02, Farrukhabad in Criminal Revision No.79 of 2023 (Guddi Devi alias Sarita Versus State of U.P. and others) as well as impugned summoning order dated 30.12.2024 passed by Additional Civil Judge (Sr.Div), District Farrukhabad in Complaint Case No.7768 of 2024, Guddi Devi @ Sarita Versus Dinesh Singh @ Guddu and others, Under Section 452,323,324,506 I.P.C., Police Station Mohammadabad, District Farrukhabad Pending in the court of Additional Civil Judge (Sr.Div), Farrukhabad." 3. After arguing at some length, learned counsel for the applicants submitted that the prayer as made above is not being pressed and that applicants may be permitted to move an application for discharge before the Trial court concerned and till then protection may be granted to the applicants. 4. In view of aforesaid, it is directed that in case applicants move an application for discharge before the Trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of discharge application. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 19.5.2025 / S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad