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2025 DAILYLAW 49621 (ALL)

ALTAF ANSARI v. STATE OF U.P. 2. RAVIKANT MISHRA

NA528/14379/2025 · 2025-08-11

Deepak Verma

body2025

Judgment text

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Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 14379 of 2025 Applicant :- Altaf Ansari Opposite Party :- 1. State Of U.P. 2. Ravikant Mishra Counsel for Applicant :- Brijesh Kumar Prajapati,Mahesh Kumar,Maheshwari Prasad Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, 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 to quash the entire proceeding including charge sheet dated 05.02.2023 and the learned court below has taken cognizance on 31.03.2023 as Case no. 2237 of 2023 (State of U.P. Versus Altaf Ansari and others) arising out of Case Crime no. 0190 of 2023 under sections 153-B, 34 I.P.C. Police Station Vindhayachal, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur. 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 Trial 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 cooperate in early disposal of discharge application. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 12.8.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad