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2025 DAILYLAW 33008 (ALL)

RAKESH KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/9904/2025 · 2025-04-08

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51123 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9904 of 2025 Applicant :- Rakesh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Yadav,Ravi Kant Yadav 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. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the criminal revision no. 130 of 2024 (Rakesh Kumar Vs. State of U.P. and another) passed by the learned District and Sessions Judge, Kanpur Dehat arising out of impugned summoning order dated 02.05.2023 passed in complaint case no. 2635 of 2020 (Vinita Devi Vs. Rakesh Kumar and Others), under Section 452, 323 I.P.C., Police Station - Mangalpur, District - Kanpur Dehat, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Kanpur Dehat." 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 them. 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 BNSS is disposed of with aforesaid observations. Order Date :- 9.4.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad