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Neutral Citation No. - 2025:AHC:89981 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15029 of 2025 Applicant :- Dablu @ Ataous Samad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gunjan Dwivedi,Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed by learned counsel for the applicant, in Court today, is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the prayer to quash the entire proceedings, including summoning order dated 19.01.2024, of Case No. 12864 of 2023 (Dev Kumari Vs. Dablu @ Ataous Samad and Another), under Section - 406 I.P.C., Police Station - Pipari, District - Sonbjhadra, pending in the court of Chief Judicial Magistrate, Sonbhadra
4. After arguing at some length, learned counsel for the applicant submitted that the prayer made above is not being pressed and that applicant may be permitted to move an application for discharge through counsel before the trial Court concerned and till then protection may be granted to him.
5. In view of aforesaid, it is directed that in case applicant moves an application for discharge through counsel 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 cooperates in early disposal of discharge application.
6. The application u/s 528 BNSS is disposed of with aforesaid observations.
Order Date :- 27.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad