Allahabad High Court
Ravindra Pratap Singh @ Arjun Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 4 May, 2022
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- APPLICATION U/S 482 No. - 6048 of 2015 Applicant :- Ravindra Pratap Singh @ Arjun Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dept. Govt. Of Up Andanr. Counsel for Applicant :- Abhishek Misra Counsel for Opposite Party :- Govt. Advocate,Devika Singh,Harish Pandey,Rajendra Kumar Dwivedi Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State as also Mr. Rajendra Kumar Dwivedi, learned counsel for respondent No.2.
The present petition has been filed for quashing order dated 23.11.2015 passed by Chief Judicial Magistrate, Court No.9, Raebareli in Case No.9832 of 2014 State versus Tej Pratap Singh and others arising out of case Crime No.1082 of 2014 under sections 467, 468, 471, 419, 420, 406 I.P.C., P.S. Kotwali Nagar, district Raebareli.
Learned counsel for the applicant, after arguing at some length, on an objection being raised by learned counsel for respondent No.2 submits that this petition may be disposed of with liberty to the petitioner to appear before the trial court and file discharge application.
After hearing the learned counsel for the parties and after perusing the averments made in the present petition, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case the applicant moves an appropriate application for discharge before the concerned Court below within a period of fifteen days from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of two months thereafter.
The petitioner shall be at liberty to move an application under section 205 CrPC for exemption of appearance along with the discharge application. In case such application for exemption is filed, the same shall be considered prior to taking up discharge application.
In case no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicant.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 4.5.2022 kkb/