Sanjay Kumar Tiwari @ Sanjay Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 12647 of 2023 Applicant :- Sanjay Kumar Tiwari @ Sanjay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amrish Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

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

¶2This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire criminal proceeding of Sessions Trial No. 344 of 2023, Criminal Case No. 19815 of 2022 "State Versus Shyam Sharan and others" pending before learned Sessions Judge, Gonda arising out of Case Crime No. 79 of 2022, under sections-328, 420, 504, 506, 467, 468, 471 I.P.C. and 34 of National Medical Commission Act 2019. Police Station-Kotwali Dehat, District-Gonda, so far it concern to the petitioner alongwith charge sheet dated

09.07.2022.

¶3Learned counsel for applicants submits that Investigating OfÏcer without applying his mind, has wrongly submitted the charge sheet arraying the name of the applicant as an accused. In view of above, this application deserves to be allowed.

¶4Per contra, learned A.G.A. urged that there is sufÏcient evidence against the applicant and there is no occasion for quashing of the impugned summoning order and proceedings of aforesaid case.

¶5Having heard learned counsel for the parties, a perusal of record and in the facts and circumstances of the case, a prima facie, case is made out against the applicant. Therefore, prayer for quashing the impugned summoning order as well as proceedings of aforesaid case, is declined.

¶6After 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 he may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

¶7Learned A.G.A. has no objection in grant of aforesaid prayer.

¶8In view of above, it is provided that applicant is permitted to move his discharge applications through counsel within four weeks' from today and, in case, any such application is being filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

¶9Till the aforesaid period of four weeks' and during the pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.

¶10In case of failure on the part of applicant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order.

¶11It is clarified that after disposal of discharge application, the applicant will be subject to regular process of the court concerned, including bail etc.

¶12With the above directions, this application is disposed of. Order Date :- 22.12.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench