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Neutral Citation No. - 2025:AHC:34406 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7872 of 2025 Applicant :- Himani Bajpai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijendra Singh,Chandra Prakash 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 BNSS has been filed for quashing the entire proceedings, including summoning order dated 16.01.2025, of Complaint Case No. 2490 of 2024 (Rachna Awasthi Vs. Abhishek Awasthi and others), under Section 323, 504, 506, 384, 120-B IPC, P.S.- Kidwai Nagar, District- Kanpur Nagar, pending in the court of Additional Civil Judge (S.D.), Court No.6, Kanpur Nagar.
3. After arguing at some length, learned counsel for the applicant submitted that the prayer made above is not being pressed and that applicant may be permitted to move an application for discharge before the trial 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 :- 10.3.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad