Uday Bhan Dwivedi v. State of U.P. Thru. Prin.Secy. Home Deptt. Lko. and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 11260 of 2024 Applicant :- Uday Bhan Dwivedi Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vinod Kumar Pandey,Ravi Kant 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 entire proceedings of the Criminal Case No.6900 of 2009 "State Versus Uday Bhan Dwivedi" arising out of Case Crime No. 161 of 1990 Under Section 409 I.P.C. Police Station-Peeparpur, District-Sultanpur pending in the Court of Additional Chief Judicial Magistrate, II, Faizabad and impugned Non Bailable Warrant (N.B.W.) order dated 22.8.2024, impugned summoning order dated 11.2.1998 as well as charge sheet dated 29.12.1995.

¶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 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/they will not be entitled to the benefit of this order.

¶8With above directions this application stands disposed of. Order Date :- 18.12.2024 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench