High Court dismissed Section 482 application allowing liberty to file discharge application in alternate forum, suspending coercive action for limited period.
Liberty to move discharge application within 15 days; suspension of coercive action for 6 weeks.
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Neutral Citation No. - 2024:AHC-LKO:14914
Court No. - 28
Case :- APPLICATION U/S 482 No. - 1546 of 2024
Applicant :- Raj Kumar Yadav And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Civil Secrt. Lko. And Another
Counsel for Applicant :- Manish Soni Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the applicants, Sri Promod Kumar Shukla, learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 11.10.2023 passed by Civil Judge (J.D.)/F.T.C. (Women) Hardoi in Criminal Case No.37660 of 2023 relating Case Crime No.276 of 2023 under section 504, 506 IPC at Police Station Kachhauna District Hardoi and charge-sheet dated 03.08.2023 as well as the entire criminal proceedings of the present case .
After arguing at some length, counsel for the applicants submits that he does not want to press the application on merit. However, he submitted that offence is triable by Magistrate and is of minor nature, therefore the applicants may be allowed to move a discharge application before the Magistrate through counsel.
Learned AGA appearing for the State has no objection.
Considering the above submissions, liberty is given to the applicants to move discharge application through counsel before the court concerned within a period of fifteen days from today. The court concerned shall consider and decide the same in accordance with law within four weeks thereafter.
For a period of six weeks' from today or till the disposal of the discharge application, no coercive action shall be taken against the applicants in respect of the aforesaid case.
It is made clear that in the event no such application is moved within the time prescribed above, the benefit of this order will not be available to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of .
Order Date :- 20.2.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Raj Kumar Yadav And 3 Others
Brij Raj Singh
As recorded by the court registry
2 orders share this CNR
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