Allahabad High Court
Vikash Kumar Yadav vs State Of U.P. And Another on 24 November, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 17079 of 2020 Applicant :- Vikash Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
Heard Sri Vikash Chandra Tiwari, learned counsel for the applicant, learned A.G.A. for the State and Sri Shanti Dhar Dwivedi, learned counsel for the opposite party no.2.
The applicant has sought the following relief in the instant application under Section 482 Cr.P.C. :-
"To quash and stay the entire proceeding of case no.2043 of 2020 (State Vs. Sunil Kumar Yadav and others) as well as charge-sheet dated 14.02.2020 arising out of case crime No.1655 of 2019 under Sections 323, 307, 504, 506 IPC, Police Station-Sihanigate, District-Ghaziabad pending in the C.J.M. Court No.3, District-Ghaziabad."
Sri Vikash Chandra Tiwari, learned counsel for the applicant submits that the applicant was not named in the F.I.R. During investigation, the applicant was named after much deliberation and surfaced for the first time in this statements under Section 161 Cr.P.C. There are no serious injuries on the person of the victim.
Learned A.G.A. for the State as well as Sri Shanti Dhar Dwivedi, learned counsel for the opposite party no.2 contend that the applicant has an alternative remedy to approach the learned trial court by filing a discharge application.
Faced with this Sri Vikash Chandra Tiwari, learned counsel for the applicant does not press the relief sought in the present application under Section 482 Cr.P.C. Learned counsel for the applicant recasts the relief.
The only prayer made by the learned counsel for the applicant is that the applicant may be granted liberty to move a discharge application before the competent court through his counsel.
In view of the submissions made by the learned counsel for the parties, the application is disposed of with the following directions:
I. The applicant shall move a discharge application through counsel before the learned trial court within a period of three months.
II. In case such application is moved within the aforesaid period, the learned trial court shall permit the applicant to prosecute the same through counsel.
III. The applicant shall appear through counsel during the pendency of the discharge application.
IV. No coercive measure shall be taken against the applicant till the final decision on the discharge application.
V. The discharge application shall be decided within a period of four months from the date the applicant presents the discharge application.
VI. In case the applicant does not present the discharge application before the learned trial court within a period of three months, this order shall stand automatically recalled without recourse to this Court. The learned trial court shall proceed thereafter in accordance with law.
Order Date :- 24.11.2020 Ashish Tripathi