Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 69682 (ALL)

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

NA528/23158/2025 · 2025-07-31

Raj Beer Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:129023 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23158 of 2025 Applicant :- Shiv Kumar Kashyap Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Kumar Misra 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. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and direct the Court below to expedite the hearing and decide the discharge application dated 13.05.2019 filed by applicant in S.T. No. 234 of 2018 (State of U.P. Vs. Shiv Kumar Kashyap), under Sections - 366, 368 I.P.C., arising out of Case Crime No. 304 of 2017, Police Station - Bithoor, District - Kanpur Nagar, pending in the court of learned Additional District Judge-20, Kanpur Nagar finally forthwith strictly on day to day basis within stipulated period of time." 3. It is submitted by learned counsel for the applicant that applicant is accused in the aforesaid case and that on 13.05.2019 applicant has filed an application for discharge but the same has not been decided so far, whereas a period of six years has been passed since then. It was next submitted that a direction may be issued to the concerned Trial court to decide the discharge application dated 13.05.2019 filed by the applicant within specific time frame. 4. In view of the aforesaid, the Trial Court concerned is directed to expedite the proceedings of the discharge application dated 13.05.2019 filed in aforesaid case and to decide the same, as early as possible, preferably within a period of three months from the date of receipt of copy of this order before the court concerned, provided there is no legal impediment. 5. The application under Section - 528 BNSS is disposed of accordingly. Order Date :- 1.8.2025 / S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad