Disposed

Gyaprasad and 5 Others v. State of U.P. and Another

Allahabad HC11 Aug 2023A482/29471/2023

Case brief

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What is this about?

The Allahabad High Court directed the lower court to dispose of the applicant's discharge application within two months. The court stayed coercive action against the applicant for this period, despite the applicant not seeking quashing on merits.

What did the court decide?

Direction to lower court to decide discharge application within two months and stay of coercive action against applicants.

Gyaprasad and 5 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:163171

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Court No. - 4

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Case :- APPLICATION U/S 482 No. - 29471 of 2023

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Applicant :- Gyaprasad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the records.

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The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 14.02.2023 as well as entire proceeding of Session Case No.110 of 2023, arising out of Complaint Case No.214 of 2020 (Bhaiyalal vs. Gyaprasad and others) under Section 395 IPC Police Station Madawra District Lalitpur.

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On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the application for discharge of the applicant expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

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Heard learned counsel for the parties present and perused the record.

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Considering the facts and circumstances of the case, the applicants are permitted to appear before the concerned court

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within two weeks from today and move an application as per provisions contained under the Cr.P.C. claiming discharge. The concerned court shall after hearing the counsel decide the application on merits, in accordance with law, within a period which shall not exceed a period of two months from today.

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For a period of two months or till the disposal of the aforesaid application, whichever is earlier, no coercive action will be taken against the applicants.

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If the concerned court after hearing the counsel for the accused feels persuaded to have the view that the accused ought not to have been summoned and the charge is groundless it shall not abstain from discharging the accused only on the ground that the material available at the time of summoning was the same which is available on record at the time of hearing the discharge application. On the other hand, if the lower court even after hearing the counsel for accused holds the view that the accused has been rightly summoned and the material brought on record does not indicate the charges to be groundless it shall make an order to that effect and proceed further in the matter, in accordance with law and shall also be free to adopt such measures to procure the attendance of the accused as the law permits.

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With the above observations, this application stands disposed of.

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Order Date :- 11.8.2023 S.K.

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Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad

Gyaprasad and 5 Others v. State of U.P. and Another

Case brief

What is this about?

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Gyaprasad and 5 Others v. State of U.P. and Another

Case brief

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