Allahabad High Court
Pratap Singh vs State Of U.P. And Another on 16 June, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- APPLICATION U/S 482 No. - 10630 of 2020 Applicant :- Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Singh,Raghuraj Kishore Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record of this application.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Case No. 92 of 2020 (State vs. Jishan and others), under Sections - 386, 120B, 504/34 I.P.C., Police Station - Jhinjhana, District - Shamli, pending in the court of Civil Judge (Senior Division) Kairana, District - Shamli including the order taking cognizance dated 07.02.2020 and the charge sheet arising out of Case Crime No. 529 of 2019, under Sections - 386, 120B, 504/34 I.P.C. Police Station - Jhinjhana, District - Shamli.
At the very outset, learned counsel for the applicant wishes to move discharge application before the trial court and relinquish the prayer for quashment.
Learned A.G.A. has no objection.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant moves application for discharge within a period of two months from today, the same shall be considered and disposed of by the court below in accordance with law by passing speaking and reasoned order.
For a period of two months from today, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 16.6.2020 S Rawat