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2025 DAILYLAW 82446 (ALL)

KIRAN ALIAS KIRAN UPADHAYAYA v. STATE OF U.P. AND ANOTHER

NA528/28110/2025 · 2025-09-09

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28110 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge- sheet dated 04.02.2024 and cognizance / summoning order dated 17.10.2024, of criminal case no. 112542 of 2024, arising out of case crime no. 0882 of 2023, under Sections 289, 427, 504, 506 IPC, P.S. Noida Sector-39, District Gautambudh Nagar, pending in the court of C.J.M., Gautambudh Nagar. 3. After arguing at some length, learned counsel for the applicant submits that the prayer as made above is not being pressed and applicant may be permitted to move an application for discharge before the trial court concerned in accordance with law and protection may be granted to the applicant till then. 4. In view of aforesaid, it is directed that in case applicant moves an application for discharge before the trial court concerned within a period of three weeks from today, the same Versus Counsel for Applicant(s) : Nitin Sharma Counsel for Opposite Party(s) : G.A. Kiran Alias Kiran Upadhayaya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today and in case such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicant, provided applicant co-operates in early disposal of the discharge application. 5. The application under Section 528 BNSS is disposed of in above terms. September 10, 2025 Anand NA528 No. 28110 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad