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2025 DAILYLAW 29880 (ALL)

ASMA KHATOON v. STATE OF U.P. AND ANOTHER

NA528/27901/2025 · 2025-08-03

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129982 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 27901 of 2025 Applicant :- Asma Khatoon Opposite Party :- State of U.P. and Another Counsel for Applicant :- T. Islam Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for applicant and learned AGA for the State. 2. The present application has been filed by applicant for quashing the order dated 20.02.2024 passed by learned C.J.M. Aligarh and allow the Discharge Application dated 20.09.2023 filed on behalf of applicant in Case No. 5977 of 2021 (State Vs Asma Khatoon and others) under Sections 498-A, 323, 506 I.P.C. and Section 3/4 D.P. Act arising out of Case Crime No.0527 of 2020, under Sections 498-A, 323, 506 I.P.C., Section 3/4 D.P. Act & Section 3/4 of Muslim Women (Protection of Rights on Marriage Act), P.S.- Civil Lines, District- Aligarh. 3. It is to be seen that the order impugned is under challenged before this Court is dated 20.2.2024. 4. On a query being made to learned counsel for applicant as to why applicant is challenging the discharge rejection order after one year, learned counsel for applicant submits that applicant was facing trial. 5. Learned AGA pointed that on 7.5.2025, at the behest of applicant, order was issued by this Court in Application U/s 528 BNSS No.2790 of 2025 (Asma Khatoon and another Vs. State of U.P. and another) for expeditious disposal of trial and now the applicant is trying to challenge the order. 6. It has not been explained as to why in the previous Application U/s 528 BNSS filed in the year 2025, order rejecting discharge application, which is dated 20.2.2024 have not been challenged. Applicant is trying to delay the trial and is misusing the process of law. 7. Accordingly, the present application under Section 528 BNSS is dismissed. Order Date :- 4.8.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad