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2025 DAILYLAW 18156 (ALL)

RAVINDRA KUMAR v. STATE OF U.P. AND ANOTHER

NA528/4490/2025 · 2025-05-21

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86338 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 4490 of 2025 Applicant :- Ravindra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the Order dated 27.01.2025, passed by the Additional Session Judge / Fast Track Court No. 1, Meerut in Revision No. 607 of 2024 (Ravindra Kumar Versus Poonam Swami), arising out of summoning order dated 20.04.2022, passed by the Judicial Magistrate / Civil Judge (Junior Division) / Fast Track Court, Meerut in Complaint Case No. 264 of 2021 (Poonam Swami Versus Ravindra Kumar), under section 406 IPC, Police Station Nauchandi, District Meerut, pending in the Court of Judicial Magistrate / Civil Judge (Junior Division) / Fast Track Court, Meerut." 3. After arguing at some length, learned counsel for the applicant submitted that the prayer as made above is not being pressed and that applicant may be permitted to move an application for discharge before the Court concerned and till then protection may be granted to the applicant. 4. In view of aforesaid, it is directed that in case applicant moves 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 applicant, provided the applicant cooperates in early disposal of discharge application. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 22.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad