Lalit Kumar and Another Vs State of U.P and Another

Court No. - 72

Case :- APPLICATION U/S 482 No. - 39179 of 2022

Applicant :- Lalit Kumar And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Akash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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

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By way of the instant application, the applicants has sought for quashment of the entire criminal proceeding of Case No. 100 of 2021 (State Vs. Punit Kumar and Others) arising out of Case Crime NO. 173 of 2020 under Section 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Ghaziabad.

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At the very outset, learned counsel for the applicants has submitted that the applicants wish to move discharge application before the trial court and relinquishes the prayer for quashment.

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Learned A.G.A. has no objection.

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However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants claim discharge by moving application before the court concerned within one month from today, the same shall be considered and disposed of by the court concerned in accordance with law after affording opportunity of hearing to the parties.

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For a period of one month from today or till disposal of the application, whichever is earlier, no coercive action shall be taken against the applicants.

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It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 17.1.2023 S.Verma

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Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

Lalit Kumar and Another v. State of U.P and Another

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