Santosh Kumar Gautam v. State of U.P. Thru. Addl. Chief Secy. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 7392 of 2023 Applicant :- Santosh Kumar Gautam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko. And Another Counsel for Applicant :- Manmohan Singh,Dilip Kumar Verma,Pawan Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A.

¶2The present application has been filed for quashing the cognizance order dated 08.04.2022 passed by C.J.M., Lucknow arising out of Case Crime No.931 of 2021 U/s 409, 419, 420, 467, 468, 471 I.P.C., Police Station-Kotwali City, District-Pratapgarh as well as charge-sheet dated 15.09.2022.

¶4In compliance of the order dated 3.11.2023 the written instructions under the signature of Chief Judicial Magistrate, Pratapgarh is placed by Mr. Rao Narendra Singh, learned AGA and informed that the notified Court is established at Civil Court Faizabad and record of the case in question has already been sent to District Court-Ayodhya vide order dated

03.05.2023.

¶5At this stage learned counsel for the applicant requested that liberty may be granted for moving discharge application, accordingly petition is dismissed with the liberty to the applicant to submit discharge application before the appropriate Court.

¶6Learned A.G.A. has no objection in grant of aforesaid prayer.

¶7In 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.

¶8Till 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.

¶9In 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.

¶10With above directions, this application stands disposed of. Order Date :- 7.11.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench