Mukesh Sharma v. State of U.P.Thru. Prin. Secy. Deptt. of Home Lko. and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 11286 of 2024 Applicant :- Mukesh Sharma Opposite Party :- State Of U.P.Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Kishan Kumar,Parashu Ram Kanaujia,Rajeev Kumar 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 with following prayer:- "(i) Quash the Chargesheet of the Case No. 38262/2024 titled as State of U.P. versus Mukesh Sharma in Case Crime No. 0048/2024 under sections 376, 506, 406 IPC, Police Station-Gomti Nagar, District-Lucknow East (Commissionerate Lucknow), pending in the Court of Chief Judicial Magistrate, Lucknow.

(ii) Quash the Order of Cognizance dated 15.04.2024, passed in the aforesaid Case No. 38262/2024/Crime No. 0048/2024, calling upon the Petitioner to face trial for the Offences punishable under sections 376, 506, 406 IPC, Police Station-Gomti Nagar, District-Lucknow East (Commissionerate Lucknow), pending in the Court of Chief Judicial Magistrate, Lucknow.

(iii) Stay further proceedings of case no. 38262/2024/Crime No. 0048/2024 under sections 376, 506, 406 IPC, Police Station-Gomti Nagar, District-Lucknow East (Commissionerate Lucknow), pending in the Court of Chief Judicial Magistrate and also to stay the operation and implementation of impugned order of cognizance dated 15-04-2024."

¶3In pursuance of earlier order dated 12.12.2024, Mr. Satish Rathore, Investigating Officer, Police Station-Gomti Nagar, Lucknow is present today before this Court.

¶4After 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.

¶5Learned A.G.A. has no objection in grant of aforesaid prayer.

¶6In 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.

¶7Till 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.

¶8In 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.

¶9With above directions, this application stands disposed of.

¶10The aforesaid officer present today need not to appear before this Court until further order. Order Date :- 18.12.2024 Arpan High Court of Judicature at Allahabad, Lucknow Bench