Ranjeet Kumar Yadav and 2 Others v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10784 of 2023 Applicant :- Ranjeet Kumar Yadav And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And Another Counsel for Applicant :- Shakti Kumar Sharma,Jatin Raheja,Shobhit Harsh 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 with the following prayer:- "(i). Issue a order or direction for quashing the impugned Charge sheet in Case no. 32984/2023, crime No.- 0290 of 2021, Under sections: 498-A, 323, 504 I.P.C.& 4 D.P. Act, at P. S.- Madiyaon, District: Lucknow pending before the Hon'ble Court of Judicial Magistrate III, District. Lucknow titled as State of U.P. Vs. Ranjit Yadav and others.

(ii). Issue a order or direction for quashing the Order of Cognizance dated. 24.03.2023 passed by the Hon'ble Court of the JM. III Lucknow.

(iii). To Stay the operation and implementation of Summoning order

24.03.2023 and its consequential orders against the applicants.

(iv). Issue an order or direction for staying the proceedings of Case no. 32984/2023, Case crime No.- 0290 of 2021, Under sections: 498-A, 323, 504 LP.C.& 4 D.P. Act, at P. S.- Madiyaon, District: Lucknow pending before the Hon'ble Court of Judicial Magistrate III, District-Lucknow titled as State of U.P. Vs. Ranjit Yadav and others, during pendency of this Application."

¶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 :- 2.11.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench