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Neutral Citation No. - 2025:AHC:143532 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 20527 of 2025 Applicant :- Sitaram Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed in Court today, is taken on record.
2. Heard learned counsel for the applicant and learned A.G.A. for the State.
3. 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 16.11.2019 and cognizance / summoning
order dated 09.11.2020, of criminal case no. 22967 of 2020, arising out of case crime no. 180 of 2018, under Sections 409, 419, 420, 467, 468, 471 IPC, P.S. Kotwali, District Gorakhpur, pending in the court of A.C.J.M-2., Gorakhpur.
4. 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.
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