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2025 DAILYLAW 94945 (ALL)

MOHD. UMAR v. STATE OF U.P. AND ANOTHER

NA528/35297/2025 · 2025-09-14

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35297 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant and learned A.G.A. for the State. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire the entire proceedings as well as cognizance order dated 11.08.2010 passed by learned Additional Chief Judicial Magistrate, Court No. 3, Moradabad in Case No. 9058 of 2012 (State Vs. Mohd. Umar and others), arising out of Case Crime No.48 of 2010, under Sections 420, 406, 467, 468, 120B IPC, P.S.- Galshaheed, District- Moradabad. 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. 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 two 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 two weeks Versus Counsel for Applicant(s) : Shahabuddin Counsel for Opposite Party(s) : G.A. Mohd. Umar .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 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 of discharge application. The application u/s 528 BNSS is disposed of with aforesaid observations. September 15, 2025 Puspendra NA528 No. 35297 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad