Disposed

Sachin Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC12 Nov 2024/9388/2024

Case brief

AI extract

What is this about?

The Court disposed of an application under Section 482 Cr.P.C. filed by an applicant. The applicant did not seek quashing on merits but requested permission to file a discharge application via counsel. The Court granted permission within four weeks and prohibited coercive steps during pendency.

What did the court decide?

Permission granted to move discharge application within four weeks through counsel; coercive steps stayed during pendency.

Sachin Kumar Vs State of U.P. Thru. Prin… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:74445

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9388 of 2024 Applicant :- Sachin Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Farhan Alam Osmany,Aruna Kumari Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, 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 applicant for quashing the impugned summoning order dated 14.08.2024, passed in Case No.18781 of 2021 and charge sheet dated 21.12.2022 arising out of Case Crime No.335/2022, under Section 279, 304A I.P.C., Police Station - Kotwali City, District - Hardoi.

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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 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 applicant permitted to move his discharge application(s) through counsel 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.

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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 applicant in the aforesaid case.

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In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he/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 :- 12.11.2024 V. Sinha

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

Sachin Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Sachin Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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