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2025 DAILYLAW 43031 (ALL)

PRADEEP CHAUBEY AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/12811/2025 · 2025-05-07

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75101 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12811 of 2025 Applicant :- Pradeep Chaubey And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Dwivedi,Shivam Dubey 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. 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 18.01.2024, of Complaint Case No. 7925 of 2020 (Tribhuvan Chaubey Vs. Pradeep Chaubey), under Sections - 323, 504, 506, 354-A, 452 I.P.C., Police Station - Gaurabadshahpur, District - Jaunpur, pending in the court of Judicial Magistrate-First, Court No. 17, Jaunpur. 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 Trial 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 :- 8.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad