Laxmi Devi v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10349 of 2023 Applicant :- Laxmi Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satendra Nath Rai,Syed Muzammil Hasan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Mr. Surya Prakash Singh, Advocate on behalf of private respondent is taken on record.

¶2Heard learned counsel for the applicant, learned counsel for private respondent, learned A.G.A. for the State and perused the material available on record.

¶3This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the impugned Complaint No.87657 of 2022 U/s 138 of N.I. Act, District Lucknow as well as summoning order dated 02.12.2022 and bailable warrant dated

02.06.2023; for quashing the entire proceeding thereof.

¶4After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

¶5Learned A.G.A. has no objection in grant of aforesaid prayer.

¶6In view of above, it is provided that applicant is permitted to move his discharge application(s) through counsel within four weeks' from today and in case any such application(s) is/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.

¶7Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.

¶8In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he will not be entitled to the benefit of this order.

¶9With above directions, this application stands disposed of. Order Date :- 19.10.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench