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2025 DAILYLAW 87660 (ALL)

MANOJ KUMAR ALIAS AJAY KUMAR v. STATE OF U.P. AND ANOTHER

NA528/30996/2025 · 2025-09-18

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30996 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant, 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 28.10.2024 as well as cognizance / summoning order dated 30.04.205, of Case No. 549 of 2025 (State Vs. Manoj Kumar), arising out of Case Crime No. 70 of 2024, under Sections - 279, 304-A IPC, Police Station - Gangiri, District - Aligarh, pending in the court of Chief Judicial Magistrate, Junior Division F.T.C., Court No.2nd, Aligarh. 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 Trial 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 Versus Counsel for Applicant(s) : Sonu Kumar Tiwari Counsel for Opposite Party(s) : G.A. Manoj Kumar Alias Ajay Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 under Section - 528 BNSS is disposed of with aforesaid observations. September 19, 2025 S Rawat NA528 No. 30996 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad