Ankit Pathak Vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Ankit Pathak Vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicant to move discharge application(s) within four weeks; direction for expeditious disposal of any such application by a reasoned and speaking order; interim protection that no coercive steps be taken during the four-week period and during pendency of the discharge application, subject to forfeiture of the benefit of the order on failure to file within the period.

Issue for consideration

Whether the charge sheet dated 28.06.2022 and the summoning/cognizance order dated 29.08.2022 passed by the Additional Chief Judicial Magistrate, Court No.19, Sultanpur in Criminal Case No.4973 of 2022 (arising out of Case Crime No.355 of 2020) should be quashed under Section 482 Cr.P.C. +1 more

Ratio / Principle

The applicant is permitted to move his discharge application(s) within four weeks from the date of the order.

Key takeaways

Any discharge application filed shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.ratio¶¶10
Interim protection: till the expiry of the four-week period and during pendency of the discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.ratio¶¶11
Default clause: in case of failure on the part of the applicant in moving the discharge application(s) within the aforesaid period, he will not be entitled to the benefit of this order.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajeev Singh, J.) — Application under Section 482 Cr.P.C. (Application U/S 482 No. 9324 of 2024) by Ankit Pathak seeking quashing of the charge sheet dated 28.06.2022 and the summoning/cognizance order dated 29.08.2022 passed by the Additional Chief Judicial Magistrate, Court No.19, Sultanpur in Criminal Case No.4973 of 2022 (State vs. Vaibhav Shukla and others), arising out of Case Crime No.355 of 2020 under Sections 308, 323, 506 IPC, Police Station Gauriganj, District Amethi. Counsel for the applicant did not press the application on merits and confined the prayer to liberty to file a discharge application with a direction for its expeditious disposal; learned A.G.A. had no objection. The Court permitted the applicant to move discharge application(s) within four weeks, directed that any such application be heard and decided expeditiously, in accordance with law, by a reasoned and speaking order, and directed that no coercive steps be taken against the applicant during the four-week period and during pendency of the discharge application, with the condition that failure to file within the period would disentitle the applicant to the benefit of the order. Application disposed of (Order Date: 21.10.2024; Neutral Citation 2024:AHC-LKO:70623).

Neutral Citation No. - 2024:AHC-LKO:70623

Court No. - 13

Case :- APPLICATION U/S 482 No. - 9324 of 2024

Applicant :- Ankit Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Ambika Prasad Mishra Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

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

This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge sheet dated 28.06.2022 as well as summoning/cognizance order dated 29.08.2022 passed by the Additional Chief Judicial Magistrate, Court No.19, Sultanpur in Criminal Case No.4973 of 2022; State vs. Vaibhav Shukla and others, arising out of Case Crime No.355 of 2020, under Sections 308, 323, 506 IPC, Police Station Gauriganj, District Amethi.

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

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

In view of above, it is provided that applicant is permitted to move his discharge application(s) within four weeks' from today and in case any such application(s) is/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.

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

In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he will not

be entitled to the benefit of this order.

With above directions, this application stands disposed of .

Order Date :- 21.10.2024 Renu/-

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