Ram Prevash Mishra @ Ram Pravesh Mishra v. The State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Civil Sectt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 12619 of 2023 Applicant :- Ram Prevash Mishra @ Ram Pravesh Mishra Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Avneesh Kumar Shukla,Arvind Kumar 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 for quashing the summoning order dated

23.12.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 19, District-Sultanpur in Crl. Case No. 1850 of 2017 arising out of F.I.R. No. 0068 of 2017, Police Station-Baldirai, District-Sultanpur.

¶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 :- 22.12.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench