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Neutral Citation No. - 2025:AHC:137957 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 20486 of 2025 Applicant :- Radheshyam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kailash Nath Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, 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 06.09.2020 as well as cognizance / summoning order dated 05.12.2020, of Case No. 3610 of 2020 (State Vs.Radheshyam), arising out of Case Crime No. 264 of 2020, under Sections - 323, 504, 506, 188 IPC, Police Station - Line Bazar, District - Jaunpur, pending in the court of C.J.M., Jaunpur.
3. After arguing at some length, learned counsel for the 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 the 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 the applicant, provided the applicant cooperates in early disposal of discharge application.
5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 13.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad