Shiv Prasad Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10148 of 2023 Applicant :- Shiv Prasad Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. And Another Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Supplementary affidavit filed by learned counsel for the applicant is taken on record.

¶2Heard learned counsel for the applicant, 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 charge-sheet dated

24.01.2023 arising out of Case Crime No.0542 of 2020 U/s 135 of Electricity Act, 2003, Police Station-Anti Power Theft, Sitapur as well as impugned order dated 11.05.2023.

¶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 :- 26.10.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench