AVDHESH KUMAR TYAGI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/12767/2025 · 2025-05-14
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40922 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40922 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:80002 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12767 of 2025 Applicant :- Avdhesh Kumar Tyagi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Srivastava 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 BNSS) has been filed with the prayer to quash the entire proceedings, including summoning order dated 21.04.2023, of Complaint Case No. 289 of 2023 (Smt. Babita Vs. Avdhesh Kumar Tyagi and others), under Section 379 IPC, P.S.- Civil Line, District- Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Meerut.
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 BNSS is disposed of with aforesaid observations. Order Date :- 15.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad