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2025 DAILYLAW 84592 (ALL)

HAMID ALI v. STATE OF U.P. AND ANOTHER

NA528/30164/2025 · 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. - 30164 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. 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 28.12.2024 as well as cognizance / summoning order dated 04.04.2025, of Case No. 545 of 2025 (State Vs. Lal Mohammad), arising out of Case Crime No.296 of 2024, under Sections 191(2), 115(2), 352, 324(4), 351(2) BNS, P.S.- Mariyahu, District- Jaunpur, pending in the court of A.C.J.M., Court No.12, Jaunpur. 3. After arguing at some length, learned counsel for the 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 the 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 the applicant, provided the applicant cooperates in early disposal of discharge application. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. September 16, 2025 'SP'/- Versus Counsel for Applicant(s) : Bhartendu Pathak Counsel for Opposite Party(s) : G.A. (Raj Beer Singh,J.) Hamid Ali .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad