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2025 DAILYLAW 63363 (ALL)

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

NA528/19038/2025 · 2025-08-19

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141957 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19038 of 2025 Applicant :- Rajdhari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Singh Counsel for Opposite Party :- Ajay Yadav,Akhilesh Singh,G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, 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 18.06.2023 as well as cognizance / summoning order dated 18.10.2024, of Criminal Case No. 13285 of 2024 (State Vs. Rajdhari and Others), arising out of Case Crime No. 0088 of 2023, under Sections - 420, 120-B I.P.C., Police Station - Salempur, District - Deoria, pending in the court of Additional Civil Judge (S.D.), Court No.15, Deoria. 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. Learned A.G.A. and learned counsel for the opposite party No. 2 have opposed the application and submitted that in view of allegations made in the first information report and the material collected during investigation, a prima facie case is made out against 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 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. 6. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 20.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad