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2025 DAILYLAW 54527 (ALL)

LAVEE AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/15829/2025 · 2025-05-19

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86231 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15829 of 2025 Applicant :- Lavee And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh 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 proceedings, including summoning order dated 21.09.2024, of Complaint Case No. 1228 of 2024 (Smt. Neelam Sharma v. Lavee Kumar and another), under Sections 323, 325, 354, 504, 506 IPC, P.S.- Kotwali City, District- Bijnor, pending in the court of Additional Civil Judge (Jr. Div.)/ Judicial Magistrate, Court No.2, District- Bijnor. 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