Akhilesh Yadav and 3 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 22525 of 2023 Applicant :- Akhilesh Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.,Jawahir Yadav Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned AGA for heand Sri Jawahir Yadav, learned counsel for the opposite party no.2.

¶2This application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 15.11.2022, summoning/cognizance order dated 21.12.2022 as well as entire proceeding of case no. 10707 of 2022 (State Vs. Durgesh Yadav), arising out of case crime no. 335 of 2022, under sections 376, 323, 504, 506, 427 IPC, P.S. Mubarakpur, District Azamgarh, pending in the court of Chief Judicial Magistrate, Azamgarh.

¶2Pursuant to the order of this Court dated 13.10.2023, applicant nos. 1 to 3 and opposite party no.2 are present before this Court and they are duly identified by their counsel.

¶3At this stage, learned counsel for the applicants submit that applicants are on bail, therefore, they may be permitted to move discharge application before the court concerned and prayed that a direction may be issued to decide the same at the earliest.

¶4Considering the request of the applicants and in view of the entirety of facts and circumstances of the case, it is provided that if the applicants appear and move an appropriate application for discharge under section 239 Cr.P.C. before the Trial court within two weeks from the date of receipt of a certified copy of this order then the application of the applicants shall be considered and decided expeditiously preferably within a period of three months from the date of filing of discharge application in accordance with law.

¶5Accordingly, the present application is disposed of. Order Date :- 30.10.2023 Junaid High Court of Judicature at Allahabad