The High Court dismissed the application under Section 482 CrPC and granted liberty to the applicants to file a discharge application before the lower court within fifteen days.
Liberty granted to applicants to move discharge application before the court below within fifteen days.
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Court No. - 92 Case :- APPLICATION U/S 482 No. - 3542 of 2022 Applicant :- Nirmesh Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicants and learned AGA for the State.
Present petition has been preferred by the applicants for quashing the summoning order dated 11.01.2022 and entire criminal proceeding of Spl. Session Trial No.246 of 2022, under Section 406 IPC pending in the court of Spl. Judge SC/ST Act Ghaziabad, arising out of case Crime No.1202 of 2021, under Section 406, 306 IPC & Section 3(2)(va) SC/ST Act, registered at Police Station - Vijay Nagar, District - Ghaziabad, under Section 406 IPC registered at Police Station Vijay Nagar, District - Ghaziabad.
After arguing at some length, learned counsel for the applicants/petitioners has submitted that liberty may be given to the applicants/petitioners for moving a discharge application before the court below.
Learned AGA has no objection to the prayer made by learned counsel for the applicants/petitioners.
The present petition is disposed of with liberty to the applicants/petitioners to move discharge application before the court below within a period of fifteen days and the same shall be decided expeditiously in accordance with law.
Order Date :- 18.4.2022 S. Kumar
Digitally signed by SANTOSH KUMAR Date: 2022.04.19 09:25:11 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether liberty should be granted to the applicants to approach the court below for a discharge application.
Nirmesh Yadav And Another
State of U.P. and Another
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
