Disposed

Manish Kumar Pandey and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

Allahabad HC13 Nov 2024/7427/2024

Case brief

AI extract

What is this about?

The Court disposed of an application under Section 482 Cr.P.C. allowing applicants to file a discharge application through counsel within four weeks. Pending this, no coercive steps are to be taken against them. The order is conditional, and benefits vanish if the application is not filed within the timeframe.

What did the court decide?

Permission to move discharge application through counsel within four weeks; no coercive steps during pendency.

Manish Kumar Pandey and Others Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7427 of 2024

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Applicant :- Manish Kumar Pandey And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A.,Ashish Raman Mishra

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Hon'ble Rajeev Singh,J.

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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 under Section 482 Cr.P.C. has been filed by the applicants with prayer to quash the impugned order dated 05.01.2024 passed by learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Bahraich in Case No. 7270 of 2024 and charge-sheet dated 17.12.2023.

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After arguing the matter up to some length, learned counsel for the applicants submit 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 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 applicants in the aforesaid case.

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In case of failure on the part of applicants in moving the 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, this application stands disposed of .

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Order Date :- 13.11.2024

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Arpan

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

Manish Kumar Pandey and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

Case brief

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Manish Kumar Pandey and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

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