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2025 DAILYLAW 57204 (ALL)

SHESH NATH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/16778/2025 · 2025-07-14

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113298 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16778 of 2025 Applicant :- Shesh Nath And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava 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. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 18.11.2024 as well as cognizance / summoning order dated 24.12.2024, of Case No. 18536 of 2024, arising out of Case Crime No.254 of 2023, under Sections 420, 467, 468, 323, 504, 506 IPC, P.S.- Balua, District- Chandauli, pending in the court of Civil Judge (J.D) / F.T.C.-Ist / Judicial Magistrate, Chandauli. 3. After arguing at some length, learned counsel for the applicants submitted that the prayer as made above is not being pressed and that applicants may be permitted to move an application for discharge before the Court concerned and till then protection may be granted to the applicants. 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 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 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 :- 15.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad