Vishnu Govind and 2 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 29600 of 2023 Applicant :- Vishnu Govind And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhupendra Kumar Pandey,Maruti Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State/ opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 25.07.2021, cognizance/summoning order dated 16.09.2021 and proceedings of Case No. 3711 of 2021 (State Vs. Vishnu Govind and others) arising out of Case Crime No. 391 of 2021, under Section 427 IPC and Section 4/10 Indian Forest Act, 1927, Police Station Kasya, District Kushi Nagar pending in the court of Additional Chief Judicial Magistrate, Kasya, Kushi Nagar. After advancing some argument at length and putting certain query by the Court, learned counsel for the applicants submitted that since the applicants are already on bail in this case, therefore, they may be permitted to move discharge application before the court concerned raising their objections. Learned counsel for the applicants also submits that moving a discharge application before the concerned trial Court is a legal/statutory right of the accused, therefore, he is not pressing any further relief as claimed by applicants by means of this application at this stage. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to move discharge application, he has no objection. Accordingly, the relief as sought by the applicants in the instant application is refused. However, considering the above alternative prayer of the applicants, it is directed that in case the discharge application is moved by the applicants before the court concerned at the appropriate stage, the same shall be decided by the court concerned by speaking order in accordance with law. With the aforesaid observations and direction, the application is disposed of. Order Date :- 17.10.2023 Shubham High Court of Judicature at Allahabad