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2025 DAILYLAW 93964 (ALL)

ARIF AND 11 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34368/2025 · 2025-09-23

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34368 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicants, learned counsel for opposite party No. 2 / informant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 21.12.2024 and cognizance / summoning order dated 23.05.2025, of criminal case no. 7472 of 2025, arising out of case crime no. 847 of 2024, under Sections 191(2), 191(3), 190, 115(2), 125, 351(2), 352, 109, 117(2), 3(5) BNS, P.S. Khurja Nagar, District Bulandshahr, pending in the court of C.J.M., Bulandshahr. 3. After arguing at some length, learned counsel for the applicants submits that the prayer as made above is not being pressed and applicants may be permitted to move an application for discharge before the trial court concerned in accordance with law and protection may be granted to the applicants till then. 4. Learned AGA and learned counsel for opposite party No. 2 / informant have opposed the application and submitted that in view of the allegations made in the first information report and the material collected during investigation, a prima facie case is made out against the applicants. 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 Versus Counsel for Applicant(s) : Abhijeet Pratap Singh, Hemendra Pratap Singh Counsel for Opposite Party(s) : G.A., Preet Pal Singh Rathore, Ram Babu Singh Arif And 11 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) three weeks from today, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today and in case such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicants, provided applicants co-operate in early disposal of the discharge application. 6. The application under Section 528 BNSS is disposed of in above terms. September 24, 2025 Anand NA528 No. 34368 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad