Disposed

Kailash Chandra @ Kailash Chandra Mishra and Another v. State of U.P. Thru. Secy. Home Lko. and Another

Allahabad HC25 Jan 2024/215/2024

Case brief

AI extract

What is this about?

Criminal appeal filed for quashing proceedings. Appellant sought leave to file a discharge application. Court permitted filing within four weeks with an undertaking of expeditious disposal. Order authorizes coercive steps only after expiration of this period or failure to comply.

What did the court decide?

Appellants permitted to file discharge application within four weeks; coercive steps stayed pending such application and hearing.

Kailash Chandra @ Kailash Chandra Mishra and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:7427

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 215 of 2024

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Appellant :- Kailash Chandra @ Kailash Chandra Mishra And Another Respondent :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Appellant :- Pankaj Gupta Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellants, learned A.G.A. for the State and perused the material available on record.

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The present appeal has been filed for quashing the orders dated 18.01.2024, 20.10.2023 including summoning order dated 13.01.2021 passed by learned Special Judge, SC/ST Act, Sitapur in Special Trial No. 07 of 2021 and charge-sheet dated 10.10.2019 arising out of Case Crime No. 357 of 2019 U/s 406, 323, 504, 506 I.P.C., Section 3(1)da, dha of SC/ST Act, Police Station- Ramkot, District- Sitapur and entire proceedings thereof.

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After arguing the matter up to some length, learned counsel for the appellants submits that he does not want to press this appeal on merit and he confines his prayer only to the extent that appellants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

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Learned A.G.A. has no objection in grant of aforesaid prayer.

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In view of above, it is provided that appellants are permitted to move their discharge application(s) through counsel within four weeks' from today and in case, any such application(s) are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

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Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the appellants in the aforesaid case.

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In case of failure on the part of appellants in moving the

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discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order.

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With above directions, the present appeal stands disposed of .

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Order Date :- 25.1.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Kailash Chandra @ Kailash Chandra Mishra and Another v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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Kailash Chandra @ Kailash Chandra Mishra and Another v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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