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2025 DAILYLAW 60167 (ALL)

RISHABH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/18307/2025 · 2025-05-20

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85391 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 18307 of 2025 Applicant :- Rishabh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Prasad Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. The present application under Section 528 BNSS has been filed by the applicants for quashing/setting aside the impugned order dated 21.02.2025 passed by the Judicial Magistrate, Bisauli, District Badaun i.e. Annexure No. 6 to the application under Section 528 BNSS & the entire proceeding thereof of the Case No. 31 of 2019 (State Vs. Rishabh) whereby the offence under Sections 498-A, 323, 504, 506 IPC & Section 3/4 D.P. Act, Case Crime No. 134 of 2018, Police Station Faizganj Behta, District Badaun issued against the applicants, pending in the court of Judicial Magistrate Bisauli, District Badaun. 3. Learned counsel for applicants submits that trial of the applicants and other co-accused be made together. 4. It is to be seen that the trial of other co-accused have been stayed by this Court by order dated 9.4.2019 passed in Application under Section 482 No. 11386 of 2019. Once the trial of other accused is stayed then the Court has the power to deal with the trial of other co-accused and proceed with the trial. Since the matter is old and therefore, no interference at this stage is warranted. 5. Accordingly, the application under Section 528 BNSS is dismissed. Order Date :- 21.5.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad