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2025 DAILYLAW 84055 (ALL)

MANISH KUMAR GUPTA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/29237/2025 · 2025-09-15

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29237 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 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 12.01.2025 as well as summoning order dated 15.05.2025, of Criminal Case No. 32924 of 2025 (State Vs. Manish Kumar Gupta and Others), arising out of Case Crime No. 0848 of 2024, under Sections - 351(2), 121(2), 224, 132, 285 BNS, Police Station - Chakeri, District - Kanpur Nagar, pending in the court of Chief Judicial Magistrate, Kanpur Nagar. 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 Trial 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 the court concerned. It is further directed that for a period of three weeks from today and in case such an Versus Counsel for Applicant(s) : Akash Chandra Maurya Counsel for Opposite Party(s) : G.A. Manish Kumar Gupta And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. September 16, 2025 S Rawat NA528 No. 29237 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad