INDRESH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/8761/2025 · 2025-03-18
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29825 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29825 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:39362 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8761 of 2025 Applicant :- Indresh Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application u/s 528 BNSS has been filed with the prayer to quash the entire proceedings, including summoning order dated 25.05.2009, of Complaint Case No.142 of 2009 (Abdul Rab Vs. Bheemsen and 3 others), under Section 392, 452, 504 IPC, P.S.- Swar, District- Rampur, pending in the court of Additional Chief Judicial Magistrate, Court no.2, Rampur.
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 the applicants.
4. In view of aforesaid, it is directed that in case applicants move an application for discharge before the trial court concerned within a period of two 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 two 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 :- 19.3.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad