TAHSIN @ MOHAMMAD TAHSIN KHAN v. STATE OF U.P. 2. RAVIKANT MISHRA
NA528/14472/2025 · 2025-09-24
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50402 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50402 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14472 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, 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 for quashing the entire proceedings of Case No. 2237 of 2023 (State of U.P. Vs. Altaf Ansari and Others), arising out of Case Crime No. 0190 of 2023, under Sections 153- B, 34 IPC, Police Station - Vindhyachal, District - Mirzapur as well as charge-sheet dated 05.02.2023 and cognizance order dated 31.03.2023. 3. The Coordinate Bench of this Court has disposed of the applications of the co-accused filed under Section 528 of the BNSS in connection with the present case. The applications filed by Altaf Ansari, Mohd. Sahil, Vasim, Md. Shahabaz, Mohd. Aslam Khan, Md. Meraj, and Gulame Mustafa were dismissed as not pressed with liberty granted to the applicants to move an application for discharge before the concerned Trial Court. Till then, interim protection was granted to the applicants. 4. At this stage, without going into the merits of the case, he does not wish to press the present application and prays for an opportunity to move a discharge application before the Trial Court. Till then, protection may kindly be granted to the applicant. 5. Learned A.G.A. has raised objection to the prayer made by the learned Versus Counsel for Applicant(s) : Brijesh Kumar Prajapati, Mahesh Kumar, Maheshwari Prasad Srivastava Counsel for Opposite Party(s) : G.A. Tahsin @ Mohammad Tahsin Khan .....Applicant(s)
1. State Of U.P. 2. Ravikant Mishra .....Opposite Party(s)
counsel for the applicant. The offence is triable by the Magistrate. 6. 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. 7.
The application u/s 528 BNSS is disposed of with aforesaid observations. September 25, 2025 Amit NA528 No. 14472 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad