Smt. Poonam Pandey and Another v. State of U.P. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 5667 of 2019 Applicant :- Smt. Poonam Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Shukla Counsel for Opposite Party :- Govt. Advocate,Deomani Tripathi Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants, learned counsel for private respondent, 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 for quashing the summoning order dated 05.06.2018 passed by learned Judicial Magistrate-II, Gonda in Complaint Case No. 669 of 2014 U/s 323 I.P.C., Police Station-Chhapiya, Gonda as well as order dated 15.07.2019 passed by court of Session Judge, Gonda in Crl. Revision No. 206 of 2018 and entire proceeding of Complaint Case No. 669 of 2014.

¶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.

¶5Learned counsel for private respondent does not dispute over the submissions advanced by learned counsel for the applicants.

¶6In 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.

¶7Till 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.

¶8In 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.

¶9With above directions, this application stands disposed of. Order Date :- 11.12.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench