Allahabad High Court
Prabhakar Tiwari & Ors. vs The State Of U.P. & Anr. on 6 January, 2020
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 9068 of 2019 Applicant :- Prabhakar Tiwari & Ors. Opposite Party :- The State Of U.P. & Anr. Counsel for Applicant :- Amar Nath Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the charge sheet dated 11.03.2018 arising out of Case Crime No.89 of 2017, under Sections 147, 504, 506 I.P.C. and Section 4(10) Forest Act, P.S. Kotwali Nagar, District Pratapgarh as well as impugned summoning order dated 21.04.2018 passed by the Chief Judicial Magistrate, Pratapgarh in Case No.722 of 2018.
After arguing the matter up to some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that he 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 applicants are permitted to move their discharge applications through counsel within four weeks' from today and, in case, any such application is being filed, the 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 the pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case.
In case of failure on the part of applicants in moving the discharge application within the aforesaid period, they will not be entitled to the benefit of this order.
With the above directions, this application is disposed of.
Order Date :- 6.1.2020 S. Shivhare