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2025 DAILYLAW 31730 (ALL)

ISHWAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/9029/2025 · 2025-08-03

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130899 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9029 of 2025 Applicant :- Ishwar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pratima Vishwakarma Counsel for Opposite Party :- Awadhesh Kumar Mishra,G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Ms. Pratima Vishwakarma, learned counsel for the applicants and Ms. Shaumya Madhyan, learned Brief Holder for the State. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Complaint Case No. 134 of 2024 (Pratima Vs. Ishwar and others), as well as cognizance/ summoning order dated 17.02.2024 by which the learned Magistrate took cognizance under Sections 326, 327, 330, 504, 506, 354B, 120B of I.P.C., Police Station- Modinagar, District Ghaziabad, pending in the court of A.C.J.M., Court No.5, Ghaziabad. After some argument, learned counsel for the applicants submits that the present application under Section 528 BNSS may be dismissed as not pressed with liberty to the applicants to file appropriate application/proceeding before the court concerned. In view of the statement of learned counsel for the applicants, the present application 528 BNSS is dismissed as not pressed with liberty to the applicants to file appropriate application/proceeding before the court concerned. Office is directed to return the certified copy of impugned order to learned counsel for the applicant. Order Date :- 4.8.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad