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2025 DAILYLAW 53630 (ALL)

ANKIT SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/15640/2025 · 2025-07-06

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106644 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15640 of 2025 Applicant :- Ankit Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Khushboo Gupta Counsel for Opposite Party :- G.A.,R P Rajan Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel appearing for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 2. This application u/s 528 BNSS has been filed for quashing of the entire criminal proceedings, including charge-sheet dated 20.02.2023 as well as cognizance/ summoning order dated 10.10.2023, of Case No. 68954/2024 (State v. Neeraj Singh and others), arising out of Case Crime No. 572 of 2022, under Sections 147, 323, 504, 506 of IPC, P.S.- Chaubeypur, District- Varanasi, pending in the court of A.C.J.M.-VI, Varanasi. 3. It is submitted by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. Only general and vague allegations have been levelled against the applicants. There is no such specific allegation that applicants have assaulted the informant or criminally intimidated him. Referring to First Information Report and statement of informant, it was submitted that no prima facie case is made out against the applicants. 4. At this stage, learned counsel for the applicants submits 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. 5. Learned AGA for the State and learned counsel for the opposite party no.2 have opposed the application and submitted that a prima facie case is made out against the applicants and that applicants have made false averment that they have no previous criminal history. 6. In view of the aforesaid and considering the submissions of learned counsel for the parties, 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 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. 7. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 7.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad