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2025 DAILYLAW 47338 (ALL)

SHRI KISHUN RAM v. STATE OF U.P. AND ANOTHER

NA528/14207/2025 · 2025-05-15

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81046 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14207 of 2025 Applicant :- Shri Kishun Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Bhushan,Smriti Shukla 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 preferred against summoning order dated 19.11.2024, passed by A.C.J.M., Court No.13, Azamgarh in Complaint Case No. 23 of 2024 (Saroj Vs. Kishun and others), under Sections 323, 379 IPC, P.S.- Kaptanganj, District- Azamgarh. The order dated 07.03.2025, passed by Sessions Judge, Azamgarh in Criminal Revision No.44 of 2025, is also being impugned. 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 :- 16.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad