Anjani Kumar Sahu Vs State of U.P. and Another

Court No. - 87

Case :- APPLICATION U/S 482 No. - 29416 of 2022

Applicant :- Anjani Kumar Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for applicant, the learned A.G.A. for State and perused the record.

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Challenge in this application under Section 482 Cr. P. C. is to the the entire proceedings of Criminal Case No. 399 of 20201 arising out of Case Crime No. 44 of 2021 under Sections 379, 420, 411 I.P.C. Police Station Khuldabad, District Allahabad pending before learned Additional Chief Judicial Magistrate-7, District Allahabad as well as to quash the summoning order dated 05.05.2021 passed in the aforesaid case.

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After some arguments, the learned counsel for applicant contends that interest of justice shall be served in case applicant is directed to approach the Court below by moving a discharge application and the Court below is further directed to decide the discharge application expeditiously.

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Learned A.G.A. has no objection to the same.

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In view of above, this application is disposed of finally with a direction to applicant to approach the Court below by moving a discharge application under the relevant provisions of Code of Civil Procedure, within a period of two weeks from today. In case, discharge application is filed by applicant within aforesaid period, the same shall be disposed of by Court below by a reasoned and detailed order within a period of one month, thereafter. It goes without saying that Court below shall proceed against applicant only after the disposal of discharge application.

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Order Date :- 7.12.2022 S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.12.07 17:55:53 IST Reason: Location: High Court of Judicature at Allahabad

Anjani Kumar Sahu v. State of U.P. and Another

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Anjani Kumar Sahu v. State of U.P. and Another

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