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2025 DAILYLAW 40265 (ALL)

MIRZA FARUKH BAKT @ MASTER KALIM v. STATE OF U.P. AND ANOTHER

NA528/12069/2025 · 2025-04-10

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53685 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12069 of 2025 Applicant :- Mirza Farukh Bakt @ Master Kalim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Kumar 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 BNSS) has been filed with the prayer to quash the entire proceedings, including summoning order dated 22.08.2024, of Complaint Case No. 6895 of 2024 (Arshi Vs. Mirza Farukh Bakt @ Master Kalim and others), under Sections 354, 323, 506 IPC, P.S.- Sigra, District- Varanasi, pending in the court of Additional Chief Judicial Magistrate, Court No.8, Varanasi. 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 BNSS is disposed of with aforesaid observations. Order Date :- 11.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad