AJAY KUMAR GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/29027/2025 · 2025-08-07
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84356 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84356 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134902
Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 29027 of 2025 Applicant :- Ajay Kumar Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Singh,Madhaw Prasad Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. This application under Section 528 BNSS has been preferred for quashing of the entire proceedings, including charge-sheet dated 18.03.2023 as well as cognizance/ summoning order dated 12.04.2024, of Case No. 19811 of 2024 (State v. Ajay Kumar Gupta and others), arising out of Case Crime No. 151 of 2023, under Sections 427, 504, 506 of IPC, Police Station- Gorakhnath, District- Gorakhpur, pending before in the court of Additional Chief Judicial Magistrate-I, Gorakhpur.
3. After arguing at some length, learned counsel for the applicants submits that the prayer 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 them.
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 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. Order Date :- 8.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad