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Neutral Citation No. - 2025:AHC:134269 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23240 of 2025 Applicant :- Vivek And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed by learned counsel for the applicants, in Court today, is taken on record.
2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 02.09.2024 and cognizance / summoning order dated 04.03.2025, of Criminal Case No. 752 of 2025 (State Vs. Vivek and Others), arising out of Case Crime No. 439 of 2024, under Sections - 115(2), 351(2), 352 BNS, Police Station - Sindhauli, District - Shahjahanpur, pending in the court of Judicial Magistrate-IInd, Shahjahanpur.
4. After arguing at some length, learned counsel for the applicants submitted that the prayer as made above is not being pressed and that applicants may be permitted to move an application for discharge before the Trial court concerned and till then protection may be granted to the applicants.
5. In view of aforesaid, it is directed that in case applicants move 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 applicants, provided the applicants cooperate in early disposal of discharge application.
6. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 8.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad