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2025 DAILYLAW 54303 (ALL)

VIVEK PATHAK AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/15835/2025 · 2025-07-07

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107121 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15835 of 2025 Applicant :- Vivek Pathak And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shesh Narain Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 19.02.2022 and cognizance / summoning order dated 07.10.2023, of criminal case no. 44980 of 2022, arising out of case crime no. 1263 of 2020, under Sections 419, 420, 406 IPC, P.S. Shahpur, District Gorakhpur, pending in the court of A.C.J.(SD)-I/ACJM, Gorakhpur. 3. After arguing at some length, learned counsel for the applicants submits that the prayer as made above is not being pressed and applicants may be permitted to move an application for discharge before the trial court concerned in accordance with law and protection may be granted to the applicants till then. 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. For a period of three weeks from today and in case such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicants, provided applicants co-operate in early disposal of the discharge application. 5. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 8.7.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad