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2025 DAILYLAW 47437 (ALL)

KULDEEP TIWARI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14279/2025 · 2025-05-11

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77962 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14279 of 2025 Applicant :- Kuldeep Tiwari And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Bhushan 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 BNSS has been preferred seeking following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire proceeding of Complaint Case No. 301 of 2024 (Satendra Kumar v. Kuldeep Tiwari and others) and order dated 27.02.2025, passed by learned Sessions Judge, Etawah in Criminal Revision No. 200 of 2024 (Kuldeep Tiwari and others v. State of U.P. and another) and order dated 01.08.2024 issued summon to the applicants, as well as bailable warrant dated 03.09.2024, by Additional Chief Judicial Magistrate, Court No.-03, Etawah in Misc. Complaint Case No. 301 of 2024 (Satendra Kumar v. Kuldeep Tiwari and others) under Sections 406, 323, 504, 506, I.P.C. of Indian Panel Code, pending in the court of Additional Chief Judicial Magistrate, Court No.-03, Etawah." 3. After arguing at some length, learned counsel for the applicants submits that the prayer 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 them. 4. In view of aforesaid, it is directed that in case applicants move 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 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 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 :- 12.5.2025/ Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad