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2025 DAILYLAW 69127 (ALL)

AJEET KUMAR KUSHWAHA v. STATE OF U.P. AND ANOTHER

NA528/22552/2025 · 2025-09-17

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22552 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application under Section 528 of BNSS has been filed by the applicant for quashing the entire proceedings of Criminal Case No. 1388/IX/2025, arising out of Case Crime No. 138 of 2024, under Sections 376-B, 506 IPC, Police Station - Atarra, District - Banda, pending in the Court of Chief Judicial Magistrate, Banda as well as Charge Sheet dated 04.08.2024 and Cognizance/Summoning Order dated 09.05.2025, filed in the aforesaid case. 3. After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same. 4. Learned A.G.A. has no objection in grant of aforesaid prayer. 5. In view of above, it is provided that applicant is permitted to move his discharge application through counsel within four weeks' from today and in case any such application is being filed, same shall be heard and decided expeditiously after hearing the parties, in Versus Counsel for Applicant(s) : Vijay Prakash Chaturvedi Counsel for Opposite Party(s): G.A. Ajeet Kumar Kushwaha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) accordance with law, by means of a reasoned and speaking order. 6. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case. 7. In case of failure on the part of applicant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order. 8. With above directions this application stands disposed of. September 18, 2025 A. Verma NA528 No. 22552 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad