Allowed

Baba Din and Another v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko and Another

Allahabad HC21 Nov 2024/7356/2024

Case brief

AI extract

What is this about?

This is a CM application under Section 482 CrPC where the applicant requested to not argue merits but seek permission to move a discharge application through counsel with an expeditious hearing. The court allowed the application, permitting the discharge application within six weeks without coercive steps during that period. Disposed summarily.

What did the court decide?

Permission granted to file discharge application through counsel within six weeks; expeditious hearing directed; no coercive steps pending discharge application.

Baba Din and Another Vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:76988

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7356 of 2024

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Applicant :- Baba Din And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko And Another

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Counsel for Applicant :- Pankaj Verma,Ashish Verma,Pankaj Kumar Tiwari

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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(C.M. Application No. 3 of 2024)

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Heard learned counsel for the applicants.

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Application stands allowed.

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(Order on Petition)

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

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This application has been filed for quashing the charge sheet dated 27.10.2023 as well as summoning order dated 07.02.2024 passed in Case (CIS) No. 19300 of 2024 arising out of F.I.R. No. 85 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Colonelganj, District Gonda.

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After arguing the matter up to some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants 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 applicants may move their discharge application through counsel within six weeks from today and, in case, any such application is 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 six weeks and during pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case.

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With above directions this application is disposed of.

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Order Date :- 21.11.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Baba Din and Another v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko and Another

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Baba Din and Another v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko and Another

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