Disposed

Surya Prakash Verma and 2 Others v. State of Up and Another

Allahabad HC26 Jul 2024A482/12024/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of summoning order and proceedings under Sections 308, 323, 504, 506 IPC. Counsel did not press the application on merits, seeking liberty to claim discharge before the trial court. The High Court disposed of the application with liberty to seek discharge.

What did the court decide?

Liberty granted to applicants to seek discharge; trial court to consider any discharge claim in accordance with law.

Surya Prakash Verma and 2 Others vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:119724

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 12024 of 2024

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Applicant :- Surya Prakash Verma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Tripathi,Nikhilesh Kumar Chaudhary Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Deepak Kumar Tripathi, learned counsel for the applicants, Sri Ajay Singh, learned AGA-I for the State and perused the record.

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The present application under Sections 482 Cr.P.C. has been filed by the applicants Surya Prakash Verma, Pramod Kumar Chaudhary, Rahul with the prayer to quash the summoning/cognizance order dated 09.01.2024 and entire proceeding of Criminal Case No. 514 of 2024, Computer Case No. 774 of 2024, State vs. Surya Prakash Verma and others, arising out of Case Crime No. 131 of 2023, as well as Charge Sheet dated 27.07.2023 under Sections 308, 323, 504, 506 I.P.C., Police Station Sonha, District Basti, pending in the court of Additional Chief Judicial Magistrate IIIrd, Court No. 11, Basti. It is further prayed to stay the further proceeding of said criminal case as well as summoning/cognizance order as well as charge sheet during pendency of the present application.

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After arguments at length, learned counsel for the applicants submits that he does not press the prayers made in the present application under Section 482 Cr.P.C. on merits and submits that liberty may be granted to him to seek discharge in the present case. It is further submitted that the applicants have already been granted anticipatory bail by the concerned Sessions Judge, copy of the said order has been placed before the Court which has been annexed at page no. 67 to 69 of the paper book.

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Needless to state that if an accused-applicants claim discharge at the appropriate stage, the trial court shall consider the same in accordance with law.

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The present application is disposed of.

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(Samit Gopal,J.)

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Order Date :- 26.7.2024 Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Surya Prakash Verma and 2 Others v. State of Up and Another

Case brief

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Surya Prakash Verma and 2 Others v. State of Up and Another

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