Sonki Devi @ Bindeshwari Devi v. State of U.P.Thru.Prin.Secy.Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 1007 of 2022 Applicant :- Sonki Devi @ Bindeshwari Devi Opposite Party :- State Of U.P.Thru.Prin.Secy.Home Lko. And Another Counsel for Applicant :- Kamal Swaroop Pandey,Gaurav Singh Counsel for Opposite Party :- G.A.,P.K. Singh Bisen 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.

¶2By means of this petition, the applicant has prayed for the following relief : "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash entire proceeding of Criminal Case No.744 of 2021 in pursuance of Charge Sheet No.01 of 2021 dated 10.02.2021 arising out of First Information Report/Case Crime No.524 of 2020, under Sections 420, 406, 120-B I.P.C., Police Station-Bakshi Ka Talab, District-Lucknow, so far as it relates to petitioner, as well as summoning order dated 09.03.2021 passed by learned Additional Chief Judicial Magistrate, Fifth, Lucknow in the interest of justice."

¶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