Disposed

Babloo Yadav v. State of U.P. and Another

Allahabad HC19 May 2023A482/3630/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court directed the applicant to move a discharge application before the lower court within two weeks and imposed a stay on coercive measures until its disposal, treating the matter as a one-time interim measure.

What did the court decide?

Direction to applicant to move discharge application before the concerned court by 03rd July 2023; stay on coercive measures until discharge application is decided within two months.

Babloo Yadav Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:111200

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 3630 of 2023

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Applicant :- Babloo Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Yadav,Mahendra Singh Yadav,Preeti Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Ramesh Chandra Yadav, learned counsel for the applicant, Sri K.P. Pathak, learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned order dated 31.05.2018 as well as the entire proceedings of Case No.1891 of 2018, arising out of Case Crime No.206 of 2017, under Sections 323, 504, 506, 308, 325 IPC, Police StationMehnajpur, District-Azamgarh.

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A legal submission has been raised by learned counsel for the applicant that the applicant was not charge sheeted, however, he has been summoned whereas there being no evidence against him. Therefore, the present criminal proceedings are nothing but abuse of process of law and also the impugned order dated 31.05.2018 passed by the court below is illegal and the same is liable to be quashed.

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Learned AGA does not have objection to the aforesaid and submits that all the submissions made by the counsel for the applicants, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. He further submits that in case a discharge application is moved by the applicant, the court below may be directed to decided the same in accordance with law within a stipulated period of time.

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After advancing his arguments at some length, learned counsel for the applicant submits that applicants want to apply for discharge at this stage and they may be permitted to move appropriate application for discharge under the Code of Criminal Procedure.

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Considering the facts and circumstances of the case, it is hereby provided that if the applicant move an application for discharge

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before the concerned Court below on or before 03rd July, 2023 along with a certified copy of this order, the same shall be considered and decided in accordance with law by means of a reasoned and speaking order, preferably within a period of two months from the date making of discharge application without granting any adjournment in the matter.

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For the period of two months from today or till the discharge application, if moved by the applicant, is decided, whichever is earlier, no coercive measure shall be taken against the applicant pursuant to the aforesaid case.

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However, it is made clear that this relief is a one time measure being afforded to the applicant so far the interim protection is concerned as he has come with a bona fide prayer for discharge and if he fails to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law.

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With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of .

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Order Date :- 19.5.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Babloo Yadav v. State of U.P. and Another

Case brief

What is this about?

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Babloo Yadav v. State of U.P. and Another

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