KAILASH CHANDRA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/29209/2025 · 2025-09-22
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84696 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84696 (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. - 29209 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, 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 22.09.2024 as well as cognizance / summoning order dated 16.01.2025 of Case No. 06 of 2025 (State Vs. Shanti Devi and Others), arising out of Case Crime No. 145 of 2024, under Sections - 318(4), 316(2), 352, 351(2) BNS, Police Station - Madrak, District - Aligarh, pending in the court of Judicial Magistrate-II, Aligarh.
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. Learned counsel for the opposite party no.2 and learned A.G.A. have opposed the application.
5. In view of aforesaid, it is directed that in case applicants move an application for discharge before the Trial court concerned within a period Versus Counsel for Applicant(s) : Akhilesh Counsel for Opposite Party(s) : Anil Kumar Mishra, G.A., Ramashankar Gupta Kailash Chandra And Another .....Applicant(s) State Of U.P. And Another .....Opposite Party(s)
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.
6. The application under Section - 528 BNSS is disposed of with aforesaid observations. September 23, 2025 S Rawat NA528 No. 29209 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad