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Neutral Citation No. - 2025:AHC:127854 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22370 of 2025 Applicant :- Amit Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maha Prasad,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant 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 for quashing of the entire the entire proceedings, including charge-sheet dated 12.09.2024 as well as cognizance / summoning order dated 18.03.2025, of Case No. 3325 of 2025 (State and another Vs. Amit Kumar Gupta), arising out of Case Crime No.98 of 2024, under Section 406 IPC, P.S.- Kotwali, District- Fatehpur, pending in the court of C.J.M., Fatehpur.
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 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 cooperates in early disposal of discharge application.
5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 31.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad