Kailash and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10973 of 2023 Applicant :- Kailash And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Prabhat Kumar Singh,Rakesh Kumar 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:- "to quash the entire proceeding of Case no. 5308/2020 Crime no. 0052/2019 U/s 143/186/341/336/353 IPC and 7 Criminal Law Amendment Act Police Station Mishrikh District Sitapur as well as impugned Summoning order dated 7.3.2020 passed by Additional Chief Judicial Magistrate Ist., Lucknow and Charge sheet no. 329/2019 dated

31.8.2019."

¶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 :- 7.11.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench