Disposed

Ram Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Allahabad HC6 Nov 2024/9941/2024

Case brief

AI extract

What is this about?

In this civil revision under Section 528 of B.N.S.S., the High Court granted liberty to the applicant to file a discharge application before the Magistrate instead of deciding the quashing application on merits.

What did the court decide?

Liberty given to move discharge application through counsel; no coercive action for six weeks or till disposal of discharge application.

Ram Kumar Vs State of U.P. Thru. Prin. Secy… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:73202

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 9941 of 2024

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Applicant :- Ram Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Anand Kumar,Anand Singh Pawar Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh, J.

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

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The present application under Section 528 of B.N.S.S. has been filed seeking quashing of the order dated 02.03.2024 passed by the Session Judge, Sultanpur in Criminal Revision No.163 of 2023; summoning order dated 01.03.2023 passed by the Additional Civil Judge (JD)/Judicial Magistrate, Room No.30, Sultanpur in Criminal Complaint Case No.l994 of 2022 as well as the entire proceedings of the aforesaid complaint case.

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After arguing at some length, counsel for the applicant submits that he does not want to press this application, however, he submits that the offence is triable by Magistrate and is of minor nature, therefore, the applicant may be allowed to move a discharge application before the Magistrate through counsel.

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Without entering into the merits of the case, liberty is granted to the applicant to move discharge application through counsel before the Magistrate concerned, within a period of ten days from today. The Magistrate concerned will consider and decide the discharge application within a period of four weeks thereafter.

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For a period of six weeks from today or till disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicant in respect of the aforesaid criminal proceedings.

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However, it is made clear that in case the applicant fails to move the discharge application within the time stipulated by this Court or does not cooperate in the proceedings on the date fixed, the benefit granted by this Court will stand cancelled without reference to the Court.

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Application stands disposed of.

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(Brij Raj Singh, J.)

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Order Date :- 6.11.2024 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Ram Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

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Ram Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

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