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2025 DAILYLAW 63022 (ALL)

SHIV SHANKAR TIWARI v. STATE OF U.P. AND ANOTHER

NA528/19032/2025 · 2025-08-11

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137389 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19032 of 2025 Applicant :- Shiv Shankar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicant, learned A.G.A. for 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 31.12.2022 as well as cognizance/ summoning order dated 18.01.2024, of Criminal Case No.206 of 2024 (State Vs. Avinash and others), arising out of Case Crime No.277 of 2022, under Sections 434, 504, 506 and 427 IPC, Police Station Sarpataha, District Jaunpur, pending in the Court of Additional Chief Judicial Magistrate 3rd, Jaunpur. 3. After arguing at some length, learned counsel for applicant submitted that the prayer as made above is not being pressed and that applicant may be permitted to move an application for discharge before the trial Court concerned and till then protection may be granted to applicant. 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 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 applicant, provided applicant cooperate in early disposal of discharge application. 5. With the aforesaid observations, the application u/s 528 BNSS is disposed of. Order Date :- 12.8.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad