Disposed

Shishupal and Another v. State of U.P. and Another

Allahabad HC9 Dec 2020A482/14788/2020

Case brief

AI extract

What is this about?

This Hon'ble Court disposed of an application under Section 482 Cr.P.C. by restructuring the reliefs sought. It directed the trial court to decide the Section 156(3) application within three months and allowed the applicants to file a discharge application with specific timelines for decision, while granting interim non-coercion relief.

What did the court decide?

Directions to Trial Court to consider Section 156(3) application in 3 months; applicants allowed to file discharge application; decision due in 4 months; no coercive measures during pendency; automati

Shishupal and Another Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 14788 of 2020

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Applicant :- Shishupal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.,Chandra Bhan Kushwaha

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Hon'ble Ajay Bhanot,J.

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Shri Pankaj Satsangi, learned counsel for the applicants, Shri Chandra Bhan Kushwaha, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed seeking the following relief:"

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"allow the instant application and set aside/quash the order dated 27.02.2020 passed by the 3rd Additional Sessions Judge/Special Judge (D.A.A.), Budaun in Sessions Case No. 661 of 2020 (Ram Swaroop Singh, Advocate Vs. Shishupal and another) under Section 392 I.P.C. Police Station Wazirganj, District Budaun as well the entire proceedings of Sessions Case No. 661 of 2020 (Ram Swaroop Singh, Advocate Vs. Shishupal and another) under Section 392 I.P.C. Police Station wazirganj, District Budaun pending in the court of 3rd Additional Sessions Judge/Special Judge (D.A.A.), Budaun."

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Shri Pankaj Satsangi, learned counsel for the applicants contends that the criminal proceedings are actuated by malice. He relies on a police report dated 17.09.2019 which was submitted before the learned trial court. The police report contains a recital to the effect that a dispute between the rival parties was compromised. The opposite party no. 2 wanted to resile from compromise. He contends that the opposite party no. 2 is a counsel in the District Court Budaun and has ensured that no orders are passed in the application under Section 156(3) Cr.P.C. filed by the applicants against him.

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Shri Chandra Bhan Kushwaha, learned counsel for the opposite party no. 2 and learned A.G.A. for the State contend that the material in the record discloses a prima facie offence against the applicants. They contend that the applicants have an alternative remedy to approach the learned trial court by filing a discharge application.

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Faced with this, Shri Pankaj Satsangi, learned counsel for the applicants does not press the relief sought in the instant application under Section 482 Cr.P.C. He recasts his relief.

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His first prayer is that the learned trial court be directed to pass appropriate orders in the application under Section 156(3) Cr.P.C., registered as Misc. Case No. 401 of 2019 pending before the learned Additional Chief Judicial Magistrate, Budaun, within a stipulated period of time.

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The second prayer made by the learned counsel for the applicants is that the applicants may be permitted to establish the aforesaid grounds by filing a discharge application before the competent court through their counsel.

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The applicants undertake to join the proceedings in the court below with a view to clear their names.

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In view of the submissions made by the learned counsel for the parties, the application is disposed of with the following directions:

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I. The learned trial court shall pass appropriate orders on the application filed by the applicants under Section 156(3) Cr.P.C., registered as Misc. Application No. 401 of 2019 within a period of three months.

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II. The applicants shall move a discharge application through counsel before the learned trial court within a period of three months.

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III. In case such application is moved within the aforesaid period, the learned trial court shall permit the applicants to prosecute the same through counsel.

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IV. The applicants shall appear through counsel during the pendency of the discharge application.

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V. No coercive measure shall be taken against the applicants till the final decision on the discharge application.

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VI. The discharge application shall be decided within a period of four months from the date the applicants present the discharge application.

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VII. In case the applicants do not present a discharge application before the learned trial court within a period of three months, this order shall stand automatically recalled without recourse to this Court and the learned trial court shall proceed in accordance with law.

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The Application U/S 482 Cr.P.C. is disposed of.

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Order Date :- 9.12.2020 Dhananjai

Shishupal and Another v. State of U.P. and Another

Case brief

What is this about?

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Shishupal and Another v. State of U.P. and Another

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