Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:141346
Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 18873 of 2025 Applicant :- Majid And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- Ankit Srivastava,Ch. Dil Nisar,G.A.,Neeraj Kumar Chaurasiya Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for applicants, learned counsel for the informant / opposite party No. 2 and learned A.G.A. for the State.
2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 09.08.2024 and cognizance / summoning order dated 12.11.2024, of criminal case no. 11836 of 2024, arising out of case crime no. 150 of 2024, under Sections 115(2), 352, 351(3), 333 BNS, P.S. Fatehpur, District Saharanpur, pending in the court of A.C.J.M.-II, Saharanpur.
3. After arguing at some length, learned counsel for the applicants submits that the prayer as made above is not being pressed and applicants 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 applicants till then.
4. Learned AGA and learned counsel for the informant / opposite party No. 2 have opposed the application and submitted that in view of the allegations made in the first information report and the material collected during investigation, a prima facie case is made out against the applicants.
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. 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 applicants, provided applicants co-operate in early disposal of the discharge application.
6. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 19.8.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad