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2025 DAILYLAW 85655 (ALL)

PREMPAL AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/29934/2025 · 2025-09-14

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29934 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 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 21.11.2024 as well as cognizance / summoning order dated 27.11.2024, of Case No. 264 of 2025 (State Vs. Prempal and others), arising out of Case Crime No.201 of 2024, under Sections 191(2), 191(3), 352, 333, 115(2), 324(4), 351(2), 126(2), 131 BNS, P.S.- Shahzadnagar, District- Rampur, pending in the court of A.C.J.M.-3rd, Rampur. 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 Court concerned and till then protection may be granted to the applicants. 4. Learned counsel for the opposite party no.2 has 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 of three weeks from today, the same shall be Versus Counsel for Applicant(s) : Rajesh Kumar Mishra Counsel for Opposite Party(s) : Amaresh Yadava, G.A., Mahender Pal Singh Yadav Prempal And 7 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 u/s 528 BNSS is disposed of with aforesaid observations. September 15, 2025 'SP'/- NA528 No. 29934 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad