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Neutral Citation No. - 2025:AHC:103165 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21139 of 2025 Applicant :- Babita @ Babita Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Prajapati,Mahesh Kumar,Maheshwari Prasad Srivastava 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 under Section - 528 B.N.S.S. has been preferred against order dated 20.12.2022, passed by learned Judicial Magistrate-V, Mathura, in Criminal Case No. 2157 of 2018 (State Vs. Vikas and Others), arising out of Case Crime No. 280 of 2016, under Sections - 420, 467, 468, 471 I.P.C., Police Station - Refinery, District - Mathura, whereby non-bailable warrants have been issued against applicant.
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 cooperate in early disposal of discharge application.
5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 3.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad