RAM AUTAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8213/2025 · 2025-05-04
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28065 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28065 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:71842 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8213 of 2025 Applicant :- Ram Autar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neelesh Kumar Mishra 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 u/s 528 BNSS has been filed for quashing of the summoning order dated 24.02.2025 passed by the learned Civil Judge (J.D.), FTC-I/ Judicial Magistrate, Chandauli in Complaint Case No.439 of 2023 (Hema Malini v. Ram Autar and others), whereby the applicant no.1 has been summoned under Sections 379, 504 IPC, applicant no.2 summoned u/s 325, 504 IPC and applicant no.3 has been summoned u/s 504 IPC, Police Station- Balua, District- Chandauli, pending in the court of Civil Judge (J.D.), FTC-I/ Judicial Magistrate, Chandauli.
3. After arguing at some length, learned counsel for the applicants submits 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 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 in case such 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 :- 5.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad