Uttam Kumar Gupta and 4 Others v. State of U.P Thru. Secy. Home Deptt. Lko. and Another

Court No. - 27 Case :- APPLICATION U/S 482 No. - 10619 of 2023 Applicant :- Uttam Kumar Gupta And 4 Others Opposite Party :- State Of U.P Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicants, Sri Nirmal Kumar Pandey, the learned A.G.A. for the State and perused record.

¶2The present 482 Cr.P.C. application has been filed with a prayer to quash and set aside the impugned cognizance and summonning order dated 21.9.2022 and chargesheet dated 10.10.2021 currending pending in the Court of CJM, Faizabad in Crl. Case No.9864 of 2022 (State. Vs. Vivek Gupta and others.) FIR No.555 of 2021 under Section 147, 323, 504, 506, 325, 427 IPC PS Kotwali Nagar, district Faizabad/Ayodhya contained in Annexure No.1 and 2 to the application.

¶3After arguing at some length, counsel for the applicants submits that he does not want to press this petition, however, he submitted that the offence is triable by Magistrate and is of minor nature, therefore, the applicants may be allowed to move a discharge application before the Magistrate through counsel.

¶4Without entering into the merits of the case, I hereby grant liberty to the applicants, to move discharge application through counsel before the Magistrate concerned, within a period of three weeks from today. The Magistrate concerned will pass final orders on this application within a period of three weeks thereafter.

¶5For a period of six weeks or till the date, the discharge application is decided, whichever is earlier, no coercive action shall be taken against the applicants in respect of the aforesaid case.

¶6The Magistrate concerned will ensure to decide the discharge application within three weeks.

¶7Application stands disposed of.

¶8It is made clear, in case the applicants fail to move the discharge application within the time stipulated by this Court or do not cooperate in the proceedings on the date fixed, the benefit granted by this Court will stand cancelled without reference to the Court. Order Date :- 31.10.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench