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Neutral Citation No. - 2025:AHC:86746 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17265 of 2025 Applicant :- Shah Mohammad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including summoning order dated 02.07.2019, of complaint case no. 12 of 2016, under Sections 379, 382, 504, 506 IPC, P.S. Kotwali Bansi, District Siddharthnagar, pending in the court of C.J.(J.D.)/J.M., Bansi, Siddharthnagar.
3. After arguing at some length, learned counsel for the applicant submits that the prayer as made above is not being pressed and applicant may be permitted to move an application for discharge before the trial court concerned in accordance with law and protection may be granted to the applicant till then.
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. For a period of three weeks from today and in case such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicant, provided applicant co-operates in early disposal of the discharge application.
5. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 22.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad