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2025 DAILYLAW 67978 (ALL)

SHIVA KASHYAP ALIAS SHIV KUMAR v. STATE OF U.P. AND ANOTHER

NA528/21848/2025 · 2025-07-10

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111106 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21848 of 2025 Applicant :- Shiva Kashyap Alias Shiv Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Srivastava,Shweta Srivastava 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 proceedings, including charge-sheet dated 06.07.2023 as well as cognizance / summoning order dated 04.02.2025, of Case No. 5710 of 2025 (State Vs. Shiva Kashyap @ Shiv Kumar), arising out of Case Crime No.369 of 2022, under Section 420 IPC and Section 66(D) I.T. (Amendment) Act, P.S.- Rura, District- Varuna (Commissionerate Kanpur Dehat), pending in the court of C.J.M., Kanpur Dehat. 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 :- 11.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad