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2025 DAILYLAW 56718 (ALL)

ATUL KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/16688/2025 · 2025-07-06

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106599 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16688 of 2025 Applicant :- Atul Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gauri Dubey,Gautam Dubey,Manas Singh Counsel for Opposite Party :- G.A.,Shubham Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed on behalf of the applicants today in Court is taken on record. 2. 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. 3. This application u/s 528 BNSS has been filed for quashing of the entire proceedings, including charge-sheet dated 08.03.2025 as well as cognizance order dated 21.04.2025, of Case No. 13671/2025 (State v. Rashmi Sikera and others), arising out of Case Crime No. 0030 of 2025, under Sections 318(4), 338, 336(3) & 340(2) B.N.S., P.S.- Sikohabad, District- Firozabad, pending in the court of A.C.J.M.-II, Firozabad. 4. 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. 5. 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 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. 6. 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