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2025 DAILYLAW 200896 (ALL)

MOTI LAL CHAUDHARY AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/35630/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35630 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. The application has been filed for setting aside/quashing the order dated 18.12.2024 passed by learned Judicial Magistrate, Court No.2, Bareilly, District Bareilly in Complaint No.250 of 2024, (Rinki Kumari Vs. Moti Lal Chaudhary and others) under Sections 498A, 406 IPC & Section 4 D.P. Act by means of which learned Judicial Magistrate, Court No.2 Bareilly, District Bareilly summoned the applicants for offence under Sections 498A, 406 IPC & Section 4 D.P. Act in Complaint No.250 of 2024, (Rinki Kumari Vs. Moti Lal Chaudhary and others) under Sections 498A, 406 IPC & Section 4 D.P. Act. 3. Learned counsel for applicants submits that applicant no.2 Dinesh Kumar had preferred an application under Section 528 BNSS No.35916 of 2025 (Dinesh Kumar Vs. State of U.P. and another) where the applicant no.2 has been relegated to submit discharge application. 3-A. At this stage, learned counsel for applicants submits that he is not pressing the present application on behalf of applicant no.2-Dinesh Kumar. 4. In view of above, the application under Section 528 BNSS in respect of applicant no.2-Dinesh Kumar is dismissed as not pressed. 5. Insofar as applicant nos.1, 3 and 4, namely, Moti Lal Chaudhary, Smt. Asha Devi and Smt. Usha are concerned, learned counsel for applicants submits that in view of the fact that matter of co-accused Dinesh Kumar has already been relegated to submit discharge application, similar order may Versus Counsel for Applicant(s) : Rajneesh Upadhyay, Saurabh Tripathi Counsel for Opposite Party(s) : G.A., Kaushal Kishor Moti Lal Chaudhary And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) also be granted to applicants. 6. In view of aforesaid fact, considering the order dated 18.9.2025 passed in application under Section 528 BNSS No.35916 of 2025 (Dinesh Kumar Vs. State of U.P. and another), the present application under Section 528 BNSS is disposed of permitting the applicant nos.1, 3 and 4, namely, Moti Lal Chaudhary, Smt. Asha Devi and Smt. Usha to submit discharge application on or before 4th November, 2025. Till discharge application is decided, no coercive action shall be taken against applicant in the aforesaid case, provided discharge application is filed within the aforesaid period. October 15, 2025 D. Tamang NA528 No. 35630 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad