Vishal Yadav @ Dharmendra Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 8870 of 2023 Applicant :- Vishal Yadav @ Dharmendra Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Udit Narayan,Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant with following prayer:- "To quash the entire proceedings of Criminal Case No 744 of 2021, State Versus Vilas @ Ram Vilas & others, arising out of Case Crime No 0524 of 2020, Under Section - 420, 406, 120-B I.P.C., Police Station Bakshi Ka Talab, District Lucknow, pending in the court of Learned Additional Chief Judicial Magistrate Fifth, Lucknow as well as impugned charge sheet dated 10-02-2021 submitted by the investigating officer in the aforesaid case crime number against the Petitioner and impugned summoning order dated 09-03-2021 passed by the Additional Chief Judicial Magistrate-Fifth, Lucknow in respect of present applicant."

¶3After 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.

¶4Learned A.G.A. has no objection in grant of aforesaid prayer.

¶5In 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.

¶6Till 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.

¶7In 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.

¶8With above directions, this application stands disposed of. Order Date :- 22.11.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench