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Neutral Citation No. - 2025:AHC:56445 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11707 of 2025 Applicant :- Chhote Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Pati Tiwari,Piyush Kumar Tripathi 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 B.N.S.S. has been filed with the prayer to quash the entire proceedings, including impugned summoning
order dated 04.08.2023, of Complaint No. 2906 of 2022 (Nathuram Vs. Chhoteylal and Others), under Section - 420 I.P.C., Police Station - Auraiya, District- Auraiya, pending in the court of Additional Civil Judge, Senior Division, Auraiya.
3. After arguing at some length, learned counsel 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 through counsel before the trial Court concerned and till the disposal of application protection may be granted to the applicants.
4. In view of aforesaid, it is directed that in case applicants move an application for discharge through counsel within a period of three weeks from today before the trial court concerned, 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 applicants, provided the applicants cooperate in early disposal of discharge application.
5. The application u/s 528 B.N.S.S. is disposed of with aforesaid observations.
Order Date :- 17.4.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad