Vivek and Another v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 37379 of 2023 Applicant :- Vivek And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh,Km Astha Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicants as well as learned

Additional

Government

Advocate representing the State of U.P./opposite party no.1.

¶2By means of this application under sections 482 of the Code of Criminal Procedure, the applicants have invoked the inherent jurisdiction of this Court for quashing of the summoning order dated 18.07.2023 as well as to stay the further proceedings of Complaint Case No. 24777 of 2022 (Raveena Versus Vivek and others), under Sections 323, 504, 506 I.P.C., Police Station Bakewar, District Etawah, pending in the court of learned Civil Judge (J.D.) F.T.C./Judicial Magistrate (Crime against Women), Etawah.

¶3After advancing some arguments at length, learned counsel for the applicants submitted that since the applicants are already on bail in this case, therefore, they may be permitted to move a discharge application before the court concerned raising their objection. Learned counsel for the applicants also submitted that he is not pressing any further relief as claimed by applicants by means of this application.

¶4Learned 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.

¶5Accordingly the relief as sought by the applicants in the instant application is refused.

¶6In view of the above, considering the request 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.

¶7With the aforesaid observation, the application is disposed of. Order Date :- 11.12.2023 Kashifa High Court of Judicature at Allahabad