Allahabad High Court
Hanuman Prasad Pandey & Ors. vs State Of U.P. & Ors. on 19 July, 2019
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- U/S 482/378/407 No. - 2664 of 2011 Applicant :- Hanuman Prasad Pandey & Ors. Opposite Party :- State Of U.P. & Ors. Counsel for Applicant :- Angad Kumar Vishwakarma Counsel for Opposite Party :- Govt. Advocate Hon'ble Rajendra Kumar-IV,J.
Heard Sri Angad Kumar Vishwakarma, learned counsel for the applicants, Sri Alok Saran, learned AGA for the State and perused the record carefully.
By means of this application under Section 482 Cr.P.C., applicants applied for quashing the charge sheet no. 78 of 2010 dated 11.11.2010, Case Crime No. 553 of 2009, Gangster Criminal Case No. 305 of 2010 (State Vs. Nanhe Pandey & others), under Section 2/3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, P.S. Chanda, District Sultanpur and subsequent proceeding thereof.
It is submitted by learned counsel for the applicants that no offence against the applicants is made out. They have been falsely implicated in the present case for harassment and humiliation. It is further contended that all the applicants are of the same family and they cannot be member of gang. He further contended that cases shown in gang chart are not within the purview of Gangster Act and entire criminal proceeding against the applicants are liable to be quashed.
After commencing some arguments, learned counsel for the applicants submits that applicants want to apply for discharge and they may be permitted to do so under the Code of criminal procedure.
Per contra, learned AGA opposed the prayer for quashing of proceedings.
Considering the entire facts and circumstances of the case, allegation against the applicants, submission made at bar, it is provided that if the applicants move an appropriate application for discharge through counsel or in person within a period one month from today, the same shall be considered and decided on merit by the Court below within a further period of two months without granting unnecessary adjournment in the matter. Trial Court shall consider all the stand taken by applicants according to law and pass appropriate and speaking order on the discharge application.
Till disposal of application for discharge moved by applicants, no coercive action shall be taken against the applicants.
It is also made clear that if the application for discharge is not moved within one month, trial court shall be at liberty to proceed the trial against the applicants in accordance with law.
With the aforesaid observation and direction, the present application under Section 482 Cr.P.C. is hereby disposed of.
Order Date :- 19.7.2019 Manoj