Allahabad High Court
Chandra Prakash Mishra Advocate vs State Of U.P. & Another on 8 February, 2021
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- U/S 482/378/407 No. - 590 of 2021 Applicant :- Chandra Prakash Mishra Advocate Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Atul Kumar Yadav,Vipin Kumar Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
2. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the summoning order dated 10.8.2020 passed by Chief Judicial Magistrate, Court No.18, Barabanki in Case Crime No.6101/2020, crime No.381/2020, under Sections 147, 323, 504, 506 and 452 IPC, P.S. Kotwali, District Barabanki and also for setting aside the charge sheet No.384/2020 dated 14.6.2020.
3. After 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.
4. Learned A.G.A. has no objection in grant of aforesaid prayer.
5. In 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.
6. Till 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.
7. In 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.
8. With above directions this application stands disposed of.
Order Date :- 8.2.2021 (Alok Mathur, J.) RKM.