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2025 DAILYLAW 43567 (ALL)

KALPANA BISHNOI v. STATE OF U.P. AND ANOTHER

NA528/14510/2025 · 2025-05-25

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89832 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14510 of 2025 Applicant :- Kalpana Bishnoi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Gaur,Achlesh Chandra Mishra 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 BNSS has been filed for quashing of the entire proceedings, including summoning order dated 02.04.2024, of Complaint Case No. 1281/2023 (Rohan Bishnoi v. Anil Kumar Bishnoi and others), under Sections 147, 148, 323, 324, 452, 420 of IPC, P.S.- Dhampur, District- Bijnor, pending in the court of Additional Chief Judicial Magistrate-III, Bijnor. 3. After arguing at some length, learned counsel for the applicant submits 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 protection may be granted to him till disposal of discharge application is decided. 4. In view of aforesaid, it is directed that in case applicant moves 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 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 :- 26.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad