ONKAR SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/17966/2025 · 2025-08-11
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60866 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60866 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:136142 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17966 of 2025 Applicant :- Onkar Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalji Yadav,Yashpal Yadav 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 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 18.10.2022 and cognizance order dated 26.05.2023, of Criminal Case No. 104321 of 2022 (State Vs. Onkar Singh), arising out of Case Crime No. 173 of 2022, under Sections - 447, 504, 506 I.P.C., Police Station - Juhi, District - Kanpur Nagar, pending in the court of J.M, Court No.8, Kanpur Nagar.
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 Trial 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 :- 12.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad