Disposed

Lal Mani Yadav Alias Sadhu Yadav v. State of U.P. and Another

Allahabad HC9 Dec 2020A482/17897/2020

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. was recharacterized by the court; the original prayer to quash proceedings was not pressed. The court directed the applicant to file a discharge application within 45 days, stayed coercive measures, and set a four-month timeline for the trial court's decision.

What did the court decide?

Liberty to move a discharge application within 45 days; coercive measures stayed pending its final decision; trial court to decide within four months.

Lal Mani Yadav Alias Sadhu Yadav Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2020)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 17897 of 2020

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Applicant :- Lal Mani Yadav Alias Sadhu Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indra Dev Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Indra Dev, learned counsel for the applicant 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 entire proceedings of Case No.256 of 2020 (State vs. Lalta Prasad and others) arising out of Case Crime No.197/18 under Sections 147, 504, 427, 332, 353, 336 IPC, P.S. Machali Shahar, Jaunpur as well as summoning order dated 12.08.2020 passed by learned Upper Civil Judge (J.D.)-III/J.M. Jaunpur in favour of the applicants."

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Sri Indra Dev, learned counsel for the applicant contends that the applicant's name surfaced for the first time in the second statements given by the concerned police officials after almost one and half years of the incident. The proceedings have been actuated by malice, inasmuch as, a person Parvinder Yadav, against whom the applicant has rivalry, suggested the names of the applicant to the police officials.

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Learned A.G.A. contends that the applicant has an alternative remedy to approach the learned trial court by filing a discharge application.

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Faced with this Sri Indra Dev, 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.

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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.

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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 applicant shall move a discharge application through counsel before the learned trial court within a period of 45 days.

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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.

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

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IV. No coercive measure shall be taken against the applicant 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 applicant present the discharge application.

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VI. In case the applicant do not present a discharge application before the learned trial court within a period of 45 days, this order shall stand automatically recalled without recourse to this Court. The learned trial court shall proceed thereafter in accordance with law.

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Order Date :- 9.12.2020 SKD

Lal Mani Yadav Alias Sadhu Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Lal Mani Yadav Alias Sadhu Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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