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2025 DAILYLAW 47717 (ALL)

ASHOK KUMAR AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15846/2025 · 2025-07-07

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107126 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15846 of 2025 Applicant :- Ashok Kumar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bipin Kumar Counsel for Opposite Party :- G.A., Ashutosh Kumar Mishra Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicants, learned counsel for the informant / opposite party No. 2 and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 20.02.2025 and cognizance / summoning order dated 20.03.2025, of criminal case no. 353 of 2025, arising out of case crime no. 0191 of 2024, under Section 420 IPC, P.S. Vijaygarh, District Aligarh, pending in the court of C.J.(JD)/FTC-II, Aligarh. 3. After arguing at some length, learned counsel for the applicants submits that the prayer as made above is not being pressed and applicants may be permitted to move an application for discharge before the trial court concerned in accordance with law and protection may be granted to the applicants till then. 4. Learned AGA and learned counsel for the informant / opposite party No. 2 have opposed the application and submitted that in view of the allegations made in the first information report and the material collected during investigation, a prima facie case is made out against the applicants. 5. 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. For a period of three weeks from today and in case such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicants, provided applicants co-operate in early disposal of the discharge application. 6. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 8.7.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad