Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30032 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 16.11.2024 as well as cognizance / summoning order dated 01.05.2025, of Case No. 4744 of 2025 (State Vs. Mustak), arising out of Case Crime No.227 of 2023, under Section 406 IPC, P.S.- Kamalganj, District- Farrukhabad, pending in the court of C.J.M., Farrukhabad.
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 Versus Counsel for Applicant(s) : Mohit Kumar Tiwari Counsel for Opposite Party(s) : G.A. Mustak Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
of discharge application.
5. The application u/s 528 BNSS is disposed of with aforesaid observations. September 22, 2025 'SP'/- NA528 No. 30032 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad