Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48443 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10337 of 2025 Applicant :- Vinod Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, 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 be pleased to quash the entire proceeding of the Complaint Case No. 1922 of 2019 (Ramesh Kumar Singh Vs. Vinod Kumar Mishra) under Section 406 I.P.C. pending before Special Chief Judicial Magistrate Allahabad (Prayagraj) along with summoning order dated 27.07.2023 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.12, Allahabad, Now Prayagraj as well as non bailable warrant dated 18.03.2025 under Section 406 I.P.C. passed by Special Chief Judicial Magistrate, Allahabad (Prayagraj)."
3. After arguing at some length, learned counsel for the applicant submitted that the prayer made above is not being pressed and that applicant may be permitted to move an application for discharge before the Trial Court concerned and till then protection may be granted to him.
4. In view of aforesaid, it is directed that in case applicant moves 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 applicant,
provided the applicant cooperates in early disposal of discharge application.
5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 5.4.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad