Disposed

Mahesh Kumar Agarwal and Another v. State of U.P. Thru.Prin.Secy. Deptt. of Home and Another

Allahabad HC24 Jul 2023/7069/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. by permitting the applicants to file a discharge application through counsel within four weeks, with directions for its expeditious disposal and prohibition of coercive steps during pendency.

What did the court decide?

Permitted applicants to move discharge application through counsel within four weeks; no coercive steps allowed during pendency.

Mahesh Kumar Agarwal and Another Vs State of U.P. Thru.Prin.Secy. Deptt. of Home and Another — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC-LKO:48439

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 7069 of 2023

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Applicant :- Mahesh Kumar Agarwal And Another Opposite Party :- State Of U.P. Thru.Prin.Secy. Deptt. Of Home And Another

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Counsel for Applicant :- Umesh Kumar Tiwari,Ganesh Kumar Gupta,Vivek Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the charge-sheet dated 10.05.2023 filed in Case Crime No.318 of 2016, under Sections 457, 427, 504 and 506 I.P.C. Police Station Husainganj, District Lucknow and charge-sheet dated 03.12.2020, under Sections 448, 427, 504 and 506 I.P.C. as well as summoning order dated 16.01.2021 passed in Case No.2447 of 2021.

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After arguing the matter up to some length, learned counsel for the applicants submit that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

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Learned A.G.A. has no objection in grant of aforesaid prayer.

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In view of above, it is provided that applicants permitted to move their discharge application(s) through counsel within four weeks' from today and in case any such application(s) are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

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Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken

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against the applicants in the aforesaid case.

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In case of failure on the part of applicants in moving the discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order.

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With above directions this application stands disposed of.

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Order Date :- 24.7.2023

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Amit/-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Mahesh Kumar Agarwal and Another v. State of U.P. Thru.Prin.Secy. Deptt. of Home and Another

Case brief

What is this about?

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Mahesh Kumar Agarwal and Another v. State of U.P. Thru.Prin.Secy. Deptt. of Home and Another

Case brief

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