Dismissed

Akash Bhardhwaj v. State of U.P. and Another

Allahabad HC3 Sept 2025NA528/28784/2025

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What is this about?

This High Court disposed of a quashing application u/s 528 BNSS not on merits, but by directing the applicant to file a discharge application in the trial court within three weeks, during which no coercive action shall be taken.

What did the court decide?

No coercive action against the applicant for three weeks, provided the applicant files an application for discharge within that period.

Akash Bhardhwaj Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28784 of 2025

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Akash Bhardhwaj	.....Applicant(s)
Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Laraib Faiz, Mohd. Afzal
Counsel for Opposite Party(s) :	G.A.

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Court No. - 71

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HON'BLE RAJ BEER SINGH, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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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 21.07.2022 as well as cognizance / summoning order dated 15.09.2022, of Case No. 16282 of 2022 (State Vs. Bahadur and Another), arising out of Case Crime No. 309 of 2022, under Sections - 323, 325, 427, 452, 504, 506 I.P.C., Police Station - Muhamadabad, District - Mau, pending in the court of Judicial Magistrate, Mau.

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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.

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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 application for discharge is

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NA528 No. 28784 of 2025

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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.

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The application u/s 528 BNSS is disposed of with aforesaid observations.

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September 4, 2025 S Rawat

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(Raj Beer Singh,J.)

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Akash Bhardhwaj v. State of U.P. and Another

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Akash Bhardhwaj v. State of U.P. and Another

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