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Neutral Citation No. - 2025:AHC:121324 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25006 of 2025 Applicant :- Kaushal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Kumar Pandey,Sunil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Rohit Kumar Pandey, learned counsel for the applicant submits that though the application under Section 528 of BNSS has been preferred by the applicant, wherein challenge has been raised for quashing the entire proceeding of Complaint No.04 of 2021 (Reena Vs. Kaushal) U/s 498A, 323, 504 I.P.C. & Section 3/4 D.P. Act as well as summoning order dated 26.08.2021 passed by A.C.JM. 3rd Jaunpur, however, as per the instructions received from his client, the learned counsel for the applicant confines his relief to the extent of enlargement of applicant on bail before the court below in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, (2022) 10 SCC 51.
2. Sri Abhishek Tripathi, learned A.G.A. has no objection to the same.
3. Considering the submissions raised at the Bar and the statements so sought to be made by them, the application stands
disposed of while observing that in case appropriate proceeding in the form of bail application is preferred before the court below by 14.08.2025, then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in accordance with the law of the land keeping in view the judgment in the case of Satender Kumar Antil (supra).
4. Till the disposal of bail application, no coercive action shall be taken against the applicants with respect to proceeding of Complaint No.04 of 2021 (Reena Vs. Kaushal) U/s 498A, 323, 504 I.P.C. & Section 3/4 D.P. Act as well as summoning order dated 26.08.2021 passed by A.C.JM. 3rd Jaunpur.
Order Date :- 24.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad