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2025 DAILYLAW 73370 (ALL)

AMARNATH AND 11 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/24217/2025 · 2025-08-22

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145611 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24217 of 2025 Applicant :- Amarnath And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Maurya 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 07.09.2024 as well as cognizance / summoning order dated 16.11.2024, of Case No. 8657 of 2024 (State Vs. Amarnath and Others), arising out of Case Crime No. 97 of 2024, under Sections - 147, 148, 149, 452, 354-D, 354-B, 294, 323, 504, 506 I.P.C., Police Station - Mirzapur, District - Saharanpur, pending in the court of Judicial Magistrate- II, Saharanpur. 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 :- 23.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad