Rudramani Upadhyay v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home, Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11499 of 2023 Applicant :- Rudramani Upadhyay Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Dinesh Kumar Ojha 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 for quashing the charge-sheet dated 28.02.2023 arising out of Case Crime No. 12 of 2023 U/s 504, 506 I.P.C., Section 3 (1) (D), 3(1) (Dh) & 3(2) (va) of SC/ST Act, Police Station-Kandhai, District-Pratapgarh as well as impugned cognizance order dated 22.07.2023 passed by Special Judge, SC/ST ACt, Pratapgarh in S.T. No. 1233 of 2023 and proceedings of S.T. No. 1233 of 2023 (State vs. Rudra Mani Upadhayay).

¶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 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) 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 :- 24.11.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench