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2025 DAILYLAW 54434 (ALL)

BANTI YADAV v. STATE OF U.P. AND ANOTHER

NA528/16640/2025 · 2025-07-20

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117709 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16640 of 2025 Applicant :- Banti Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,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 of entire proceedings, including cognizance order dated 23.08.2023, of Case No. 23999 of 2023 (State Vs. Mukesh Yadav and Others), arising out of Case Crime No. 659 of 2021, under Sections -143, 188, 427, 353, 341, 342 IPC, Police Station - Sikandara, District - Agra, pending in the court of Chief Judicial Magistrate, Agra. 3. After arguing at some length, learned counsel for the applicant submitted that the prayer as made above is not being pressed and that applicant may be permitted to move an application for discharge before the Trial court concerned and till then protection may be granted to the applicant. 4. 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 cooperates in early disposal of discharge application. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 21.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad