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2025 DAILYLAW 89998 (ALL)

SHIVAM SAGAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/32473/2025 · 2025-09-11

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32473 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicants 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 21.04.2025 as well as cognizance/ summoning order dated 24.06.2025, of Criminal Case No.96687 of 2025, arising out of Case Crime No.148 of 2025, under Sections 352, 351(3) B.N.S., P.S.- Sachendi, District- Kanpur Nagar, pending in the court of ACJ (SD), Court No.6, Kanpur Nagar. 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. 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 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 Versus Counsel for Applicant(s) : Ravi Sahu Counsel for Opposite Party(s) : G.A. Shivam Sagar And Another .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants in the aforesaid case, provided the applicants cooperate in early disposal of discharge application. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. September 12, 2025 CS/- NA528 No. 32473 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad