The High Court permitted the applicant to move an application for discharge under Section 227 Cr.P.C. before the concerned court. The court granted a reprieve to avoid coercive action for 30 days.
Permission to move an application under Section 227 Cr.P.C. within 15 days; no coercive action for 30 days.
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Court No. - 51
Case :- APPLICATION U/S 482 No. - 4954 of 2023
Applicant :- Shaila Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Pandey,R.V. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard Sri Arun Kumar, Advocate holding brief of Sri R.V. Pandey, learned counsel for the applicant and learned A.G.A for the Staterespondent.
The applicant has preferred the present Application under Section 482 of Code of Criminal Procedure, 1973 for quashing of the summoning order dated 29.11.2022 passed by learned Civil Judge (J.D.)/A.C.J.M., Kasya, Kushi Nagar as well as entire proceedings of Complaint Case No.3802 of 2022, Mamta Devi Vs. Shaila Devi and others, under Sections 406, 323, 504, 506 I.P.C., Police Station Kubersthan, District Kushi Nagar.
After some arguments, learned counsel for the applicant prays that the applicant be permitted to move appropriate application before the Court concerned as provided under Section 227 of the Cr.P.C.
This prayer has not been opposed by the learned A.G.A.
Considering the facts and circumstances of the case, the applicant is permitted to appear before the concerned court within 15 days from today and move an application under Section 227 of Cr.P.C. claiming discharge. The concerned court shall after hearing the counsel decide the application on merits, in accordance with law expeditiously.
For a period of 30 days, no coercive action will be taken against the applicant.
With the above observations, this application stands disposed of.
Order Date :- 15.2.2023 Bhaskar
Digitally signed by :- BHASKAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether to permit the applicant to move an application under Section 227 Cr.P.C. for discharge in the underlying complaint case.
Whether to grant a period of 30 days without coercive action during the pendency of the application.
2 provisions across 1 enactments
Shaila Devi And 2 Others
State of U.P. and Another
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
