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2025 DAILYLAW 66310 (ALL)

SANTRAM KUSHWAHA v. STATE OF U.P. AND ANOTHER

NA528/20530/2025 · 2025-08-20

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143549 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 20530 of 2025 Applicant :- Santram Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meenu Verma,Neeraj Kumar,Satendra Tirpathi Counsel for Opposite Party :- G.A.,Jainendra Kumar Pandey Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicant, learned counsel for opposite party No. 2 / informant 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 12.09.2024 and cognizance / summoning order dated 07.04.2025, of criminal case no. 150 of 2025, arising out of case crime no. 142 of 2024, under Sections 406, 504, 506 IPC, P.S. Paschim Sarira, District Kaushambi, pending in the court of C.J. (JD), Kaushambi. 3. After arguing at some length, learned counsel for the applicant submits that the prayer as made above is not being pressed and applicant 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 applicant till then. 4. Learned AGA and learned counsel for opposite party No. 2 / informant 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 applicant. 5. 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. 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 applicant, provided applicant co-operates in early disposal of the discharge application. 6. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 21.8.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad