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2025 DAILYLAW 54461 (ALL)

LALBAHADUR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15928/2025 · 2025-05-19

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86193 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15928 of 2025 Applicant :- Lalbahadur And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Tiwari,Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, 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 proceeding, including summoning order dated 04.07.2024, of Complaint Case No. 8710 of 2022 (Rajesh Tiwari v. Lalbahadur and others), under Sections 323, 504 IPC, P.S.- Kotwali Devgon, District- Azamgarh, pending before Additional Chief Judicial Magistrate, Court No.10, Azamgarh. 3. After arguing at some length, 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. 4. In view of aforesaid, it is directed that in case applicants move 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. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 20.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad