PRAKASH CHANDRA DUBEY v. STATE OF U.P. AND ANOTHER
NA528/29163/2025 · 2025-09-08
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84567 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84567 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29163 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for applicant and learned A.G.A. for 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 08.09.2023 as well as cognizance / summoning order dated 01.01.2025, of Criminal Case No.141 of 2025 (State Vs. Prakash Chandra Dubey), arising out of Case Crime No.198 of 2023, under Sections 504, 506, 427, 353 IPC, P.S.- Aurai, District- Bhadohi, pending in the court of Additional Chief Judicial Magistrate, Bhadohi.
3. After arguing at some length, learned counsel for applicant submitted that the prayer as made above is not being pressed and that applicant may be permitted to move an application for discharge before the Court concerned and till then protection may be granted to applicant.
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 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 applicant, provided applicant cooperates in early disposal of discharge application.
5. The application u/s 528 BNSS is disposed of with aforesaid observations. September 9, 2025 CS/- Versus Counsel for Applicant(s) : Siddhartha Kumar Mishra Counsel for Opposite Party(s) : G.A. (Raj Beer Singh,J.) Prakash Chandra Dubey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad