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2025 DAILYLAW 25825 (ALL)

MOHAN PRASAD AND 11 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7387/2025 · 2025-03-05

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32035 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7387 of 2025 Applicant :- Mohan Prasad And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Soni 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 under Section - 528 BNSS has been preferred against the order dated 01.11.2021, passed by Chief Judicial Magistrate, Ballia, in Complaint No. 1524 of 2019 (Ravindra Tiwari Vs. Mohan Prasad and Others), under Sections - 323, 427 I.P.C., Police Station - Kotwali, District - Ballia. The order dated 20.01.2025, passed by learned Sessions Judge, Ballia, in Criminal Revision No. 99 of 2023 (Mohan Prasad and Others Vs. State of U.P. and Another), is also being impugned, whereby the revision against order dated 01.11.2021, has been dismissed. 3. After arguing at some length, learned counsel for the applicants submitted that the prayer 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 them. 4. In view of aforesaid, it is directed that in case applicants move an application for discharge through counsel 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 :- 6.3.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad