Allahabad High Court
Dinesh Kumar Rastogi vs State Of U.P. & Anr. on 26 November, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 8362 of 2019 Applicant :- Dinesh Kumar Rastogi Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Vivek Kumar Rai,Ajai Kumar,Barjinder Singh,Shakti Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the summoning order dated 19.08.2016 passed by the learned Special Chief Judicial Magistrate, CBI (A.P.) Lucknow in Criminal Case No.38720 of 2016 arising out of Case Crime No.87 of 2016, under Sections 4/7/9B Explosive Act, Police Station Wazirganj, District Lucknow 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.
Learned A.G.A. has no objection in grant of aforesaid prayer.
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 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.
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.
In 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.
With above directions this application stands disposed of.
Order Date :- 26.11.2019 Amit/-