Vijay Shankar v. State of U.P. and Another

Court No. - 78 Case :- APPLICATION U/S 482 No. - 38136 of 2023 Applicant :- Vijay Shankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- C.B.Dubey,Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.

¶1This application under Section 482 Cr. P. C. has been filed by the applicant for quashing of entire proceedings, including chargesheet, of Special Trial No. 328 of 2023 (State Versus Chandra Bhushan Upadhyay and others), arising out of Case Crime No. 142 of 2018, under Sections-409, 419, 420, 467, 468, 471, 120B and 34 I. P. C. and Section-13 (2) of Prevention of Corruption Act, Police Station-Kachhawa, district-Mirzapur, pending in the Court of Special Judge (Prevention of Corruption Act), Court No. 2, Varanasi.

¶2Heard learned counsel for the applicant, learned A. G. A. for the State and perused the record.

¶3After arguing at some length, learned counsel for the applicant submits that he is not pressing this application on merits and the applicant may be provided an opportunity to move an application for discharge before the trial Court and this application under Section 482 Cr. P. C. may be disposed of accordingly.

¶4In view of aforesaid, this application under Section 482 Cr. P. C. is disposed of finally with the direction that in case, the applicant moves an application for discharge within a period of four weeks from today before the trial Court, the same shall be considered and decided expeditiously in accordance with law.

¶5Application stands disposed of accordingly. Order Date :- 26.10.2023 HR High Court of Judicature at Allahabad