Allahabad High Court
Jitendra Kumar Pandey & Anr. vs The State Of U.P. & Anr. on 4 December, 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. - 8182 of 2019 Applicant :- Jitendra Kumar Pandey & Anr. Opposite Party :- The State Of U.P. & Anr. Counsel for Applicant :- Atin Krishna 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 05.09.2018 filed in Case Crime No. 227 of 2018, under Sections 323, 452, 504, 506, 325 I.P.C. and Section 3(2)(va) SC/ST Act, P.S. Gosaiganj, District Faizabad as well as summoning order dated 18.06.2019 passed by A.S.J.-II/Special Judge SC/ST Act, Faizabad in S.T. No. 61 of 2019, including the entire proceedings.
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 :- 4.12.2019 S. Shivhare