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Neutral Citation No. - 2025:AHC:46385 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9834 of 2025 Applicant :- Jayanti And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey 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 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been preferred against summoning order dated 09.09.2024, passed by Additional Civil Judge (J.D.)/Court No.1/Judicial Magistrate, Muzaffarnagar in Complaint Case No. 78 of 2024 (Rishipal Vs. Jayanti and others), under Sections 452, 323, 504, 506 IPC, P.S.- Ratanpuri, District- Muzaffarnagar, pending in the court of Additional Civil Judge (J.D.)/Court No.1/Judicial Magistrate, Muzaffarnagar.
3. After arguing at some length, learned counsel for the applicants submitted that the prayer as made above is not being pressed and that applicants may be permitted to move an application for discharge before the 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 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 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 :- 3.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad