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2025 DAILYLAW 47477 (ALL)

KAPIL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14218/2025 · 2025-05-08

Raj Beer Singh

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:75916 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14218 of 2025 Applicant :- Kapil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been preferred against summoning order dated 05.07.2024, passed by Additional Civil Judge (J.D)/ Judicial Magistrate, Court No. 1, Muzaffar Nagar in Complaint Case No.84 of 2024 (Smt. Sudha v. Kapil and others) under Sections 354, 324, 506 IPC pending in the court of Additional Civil Judge (J.D)/ Judicial Magistrate, Court No. 1, Muzaffar Nagar. 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 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 482 Cr.P.C. is disposed of with aforesaid observations. Order Date :- 9.5.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad