Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84232 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 13830 of 2025 Applicant :- Mahesh Kumar Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akshara Rai,Sujeet Kumar Rai Counsel for Opposite Party :- G.A.,Zafeer Ahmad Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2, 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 17.12.2024, of Complaint Case No. 8092 of 2023 (Isfan Vs. Mahesh Kumar Maurya and others), under Sections - 427, 452, 504, 420 I.P.C., Police Station - Bhot, District - Rampur, pending in the court of Chief Judicial Magistrate, Rampur.
3. After arguing at some length, learned counsel for the applicant submitted 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 till then protection may be granted to him.
4. Learned counsel for the opposite party no.2 has opposed the application.
5. 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.
6. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 20.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad