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Shivani Mazumdar @ Shibani Mazumdar and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
12 October 2023
Bench
Rajeev Singhauthor
Case no.
9896/2023

Judgment

Court No. - 12 Case :- APPLICATION U/S 482 No. - 9896 of 2023 Applicant :- Shivani Mazumdar @ Shibani Mazumdar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned impugned chargesheet dated 22.12.2022 filed in Case Crime No.0876 of 2022, under Sections 363, 370 I.P.C. and Section 81 of Juvenile Justice (Care & Protection of Children) Act 2015, Police Station Kotwali Nagar, District Gonda as well as further criminal proceedings of Case No.107 of 2023.

¶3After arguing the matter up to some length, learned counsel for the applicants submit that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

¶4Learned A.G.A. has no objection in grant of aforesaid prayer.

¶5In view of above, it is provided that applicants are permitted to move their discharge application(s) through counsel within four weeks' from today and in case any such application(s) are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

¶6Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case.

¶7In case of failure on the part of applicants in moving the discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order.

¶8With above directions, this application stands disposed of. Order Date :- 12.10.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.