MAHENDRA PRASAD MISHRA v. STATE OF U.P. AND ANOTHER
NA528/25148/2025 · 2025-08-22
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75705 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75705 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:145710 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 25148 of 2025 Applicant :- Mahendra Prasad Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Shukla,Sandeep Kumar Shukla,Vishnu Murti Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. 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 16.11.2021 as well as cognizance / summoning order dated 27.07.2022, of Case No. 3712 of 2022 (State Vs. Mahendra Prasad Mishra), arising out of Case Crime No.260 of 2019, under Sections 419, 467, 468, 471, 506 IPC, P.S.- Sarai Akil, District- Kaushambi, pending in the court of C.J.M., Kaushambi.
3. After arguing at some length, learned counsel for the applicant submitted that the prayer as made above is not being pressed and that applicant may be permitted to move an application for discharge through counsel before the Court concerned and till then protection may be granted to the applicant.
4. In view of aforesaid, it is directed that in case applicant moves an application for discharge through counsel before the 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 applicant, provided the applicant cooperates in early disposal of discharge application.
5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 23.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad