Disposed

Tajuddin and 6 Others v. State of U.P. and Another

Allahabad HC24 Nov 2020A482/17052/2020

Case brief

AI extract

What is this about?

The Single Judge disposed of an application under Section 482 Cr.P.C. seeking liberty to file a discharge application in pending proceedings under Sections 143, 283, 341 IPC. The court granted liberty subject to strict timelines and directions to the trial court.

What did the court decide?

Liberty granted to move a discharge application before the competent court within three months, subject to specific directions.

Tajuddin and 6 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 17052 of 2020 Applicant :- Tajuddin And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Sunil Kumar Tiwari, learned counsel for the applicants 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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"to quash the impugned charge sheet dated 17.07.2016 in Case no. 1432 of 2020 arising out of Case Crime No. 138 of 2016 under Sections 143, 283, 341 I.P.C. Police Station-Nebua Naurangiya, District Kushi Nagar pending in the court of Judicial Magistrate, Kushi Nagar and to quash the entire criminal proceedings of Case no. 1432 of 2020 arising out of Case Crime No. 138 of 2016 under Sections 143, 283, 341 I.P.C. Police Station-Nebua Naurangiya, District Kushi Nagar. "

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Sri Sunil Kumar Tiwari, learned counsel for the applicants contends that the applicants were exercising their legitimate democratic right to protest but they were not blocking the traffic or in any manner violating the law.

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Learned A.G.A. contends 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 Sri Sunil Kumar Tiwari, learned counsel for the applicants does not press the relief sought in the present application under Section 482 Cr.P.C. Learned counsel for the applicants recasts the relief.

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The only prayer made by the learned counsel for the applicants is that the applicants may be granted liberty to move a discharge application before the competent court

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through their counsel.

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

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

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

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V. 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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VI. 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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Order Date :- 24.11.2020 Pravin

Tajuddin and 6 Others v. State of U.P. and Another

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Tajuddin and 6 Others v. State of U.P. and Another

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