Ravindra Singh and 4 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 39679 of 2023 Applicant :- Ravindra Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Raj,Ray Sahab Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicants and learned Additional Government Advocate representing the State of U.P. and perused the materials available on record.

¶2By means of this application under section 482 of the Code of Criminal Procedure, the applicants have invoked the inherent jurisdiction of this Court for quashing of entire criminal proceedings as well as summoning order dated 04.02.2021 passed in Complaint Case No. 161 of 2019 (Smt. Prem Lata Vs. Vinod Kumar and others), under Section 323 of IPC, Police Station-Nagla Khangar, District-Firozabad, pending in the Court of Additional Chief Judicial Magistrate-II, Shikohabad, Firozabad.

¶3After advancing some argument 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 the 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 :- 14.12.2023 ADY High Court of Judicature at Allahabad