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2025 DAILYLAW 25894 (ALL)

MAHESH SHARMA v. STATE OF U.P. AND ANOTHER

NA528/8099/2025 · 2025-05-16

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82191 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8099 of 2025 Applicant :- Mahesh Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Mishra,Shashank Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the prayer to quash the entire proceedings, including summoning order dated 27.11.2024, of Complaint Case No. 2340 of 2020 (Hariom Sharma Vs. Dinesh Mahesh Sharma), under Sections 420, 504 IPC, P.S.- Sadar Bazar, District- Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.7, Agra. 4. 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 through counsel before the Court concerned and till then protection may be granted to the applicant. 5. In view of aforesaid, it is directed that in case applicant moves 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 applicant, provided the applicant cooperates in early disposal of discharge application. 6. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 17.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad