BHUPENDRA JHA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/20657/2025 · 2025-07-02
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66183 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66183 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:103284 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 20657 of 2025 Applicant :- Bhupendra Jha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 27.06.2024 as well as cognizance / summoning order dated 07.10.2024, of Case No. 95583 of 2024 (State Vs. Bhupendra Jha and others), arising out of Case Crime No.951 of 2023, under Sections 420, 467, 468, 471, 120B, 147, 323, 504, 506, 380, 454, 201, 35 IPC, P.S.- Chakeri, District- Kanpur Nagar, pending in the court of C.J.M., 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 Court concerned and till then protection may be granted to the applicants.
4. Learned AGA has opposed the application.
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 :- 3.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad