Application under Section 482 CrPC challenging delay in summons and seeking time-limit direction for discharge application was dismissed; court held statutory timelines suffice.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 6287 of 2023
Applicant :- Mohd Aslam And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
This application under Section 482 Cr.P.C. has been filed by the applicants challenging an order dated 08.01.2018 and proceedings of Complaint Case No. 1774 of 2014, under Sections 323, 504 and 506 IPC, Police Station Chakeri, District Kanpur, pending in the Court of Metropolitan Magistrate, Kanpur Nagar.
Submissions of learned counsel for the applicants are that the applicants have been released on bail and though the case is of the year 2014, however, they have been summoned in the year 2018. He requests that a direction may be issued that in case a discharge application is moved by the applicants, same may be decided within stipulated period.
Learned A.G.A. strenuously opposed the contention raised by learned counsel for the applicant, stating that no such direction is required to be issued as the same is provided in the Code of Criminal Procedure, 1973, itself.
Having heard learned counsel for the parties, this Court does not find it appropriate to issue any direction as sought for. The application stands dismissed accordingly.
Order Date :- 25.4.2023 DS
Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad
1 provisions across 1 enactments
Mohd Aslam And 2 Others
Manju Rani Chauhan
As recorded by the court registry
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