Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35078 of 2025
(Sl. No. 254) Court No. - 51 HON'BLE ANISH KUMAR GUPTA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of charge- sheet dated 03.12.2022 as well as cognizance / summoning order dated 28.11.2023, passed by A.C.J.M., Court No.2, Allahabad in Case No. 804 of 2023 (State Vs. Mohd. Abid and others), arising out of Case Crime No.0178 of 2022, under Sections 147, 149, 323, 504, 506, 352 IPC, P.S.- Shivkuti, District- Prayagraj, pending in the court of A.C.J.M., Court No.2, Allahabad.
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 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 is filed within the aforesaid period, till the Versus Counsel for Applicant(s) : Manish Kumar Tripathi Counsel for Opposite Party(s) : G.A. Abdul Mabood .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
disposal of discharge application, no coercive action shall be taken against the applicant, provided the applicant cooperate in early disposal of discharge application.
5. The application u/s 528 BNSS is disposed of with aforesaid observations. September 12, 2025 Kirti NA528 No. 35078 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad