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2025 DAILYLAW 71230 (ALL)

AASIFA v. STATE OF U.P. AND ANOTHER

NA528/23712/2025 · 2025-07-08

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108118 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 23712 of 2025 Applicant :- Aasifa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Vakalanama filed by Mohd. Belal, Advocate on behalf of informant is taken on record. 1-A. Heard learned counsel for the applicant, learned counsel for informant and learned AGA for the State. 2. The present application has been filed by applicants for quashing the entire criminal proceeding as well as charge-sheet dated 29.01.2025 and cognizance order dated 11.02.2025 as well as summoning order dated 11.02.2025 passed by learned Additional Civil Judge (Senior Division)-1/Additional Chief Judicial Magistrate, Ghaziabad (State Vs. Haseeb and others) in Case No.1412 of 2024 arising out of Case Crime No.0321 of 2024, under Sections 85, 115(2), 352, 351(3) Β.Ν.S., Police Station- Masoori, District-Ghaziabad pending in the court of learned Additional Civil Judge (Senior Division)-1/Additional Chief Judicial Magistrate, Ghaziabad. 3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. 6. The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 9.7.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad