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2025 DAILYLAW 35864 (ALL)

ANIL KUMAR v. STATE OF U.P. AND ANOTHER

NA528/10761/2025 · 2025-04-03

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47531 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10761 of 2025 Applicant :- Anil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Shrivastava,Shiv Bhushan Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant 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 filed with the prayer to quash the entire proceedings, including summoning order dated 18.08.2022, of Complaint Case No. 1616 of 2018 (Pitambar Singh Vs. Anil Kumar), under Sections 420, 468, 504, 506 IPC, P.S.- Nidhauli Kalan, District- Etah, pending in the court of Chief Judicial Magistrate, Etah. 3. After arguing at some length, learned counsel for the applicant submitted that the prayer as made above is not being pressed and that applicant may be permitted to move an application for discharge before the Court concerned and till then protection may be granted to the applicant. 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 B.N.S.S. is disposed of with aforesaid observations. Order Date :- 4.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad