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2025 DAILYLAW 50238 (ALL)

SMT. MONI SAINI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/14933/2025 · 2025-05-19

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85594 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14933 of 2025 Applicant :- Smt. Moni Saini And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Pandey,Suman Mishra Counsel for Opposite Party :- G.A.,Sanjay Srivastava Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel appearing for opposite party no.2 and perused the record. 2. This application u/s 528 BNSS has been filed for quashing of the proceedings, including summoning order dated 25.3.2021, of Complaint Case No. 4865 of 2019 (Ashish Kumar Saini v. Smt. Moni Saini and Others), under Sections - 323, 504, 506 I.P.C., Police Station - Kidwai Nagar, District- Kanpur Nagar, pending in the court of ACJM-VI, Kanpur Nagar. 3. After arguing at some length, learned counsel for the applicants submitted 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 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 528 BNSS is disposed of with aforesaid observations. Order Date :- 20.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad