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2025 DAILYLAW 82389 (ALL)

SRI BHAGWAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/28301/2025 · 2025-09-10

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28301 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS") has been filed for quashing of entire proceedings, including charge-sheet dated 02.11.2023 as well as cognizance / summoning order dated 10.12.2024, of Case No.1631 of 2024 (State Vs. Sri Bhagwan and others), arising out of Case Crime No.192 of 2023, under Sections 323, 324, 341, 452, 504, 506 IPC, P.S. Fatehabad, District- Agra, pending in the court of Judicial Magistrate/ Civil Judge (Junior Division) 1st, Fatehabad, District Agra. 3. 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 Court concerned and till then protection may be granted to the applicants. 4. 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 Versus Counsel for Applicant(s) : Mukesh Chandra Gupta, Shubham Prakash Gupta Counsel for Opposite Party(s) : G.A. Sri Bhagwan And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the court concerned. It is further directed that for a period of three weeks from today and in case such application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants in the aforesaid case, provided the applicants cooperate in early disposal of discharge application. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. September 11, 2025 CS/- NA528 No. 28301 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad