Kripashankar Tiwari and 2 Others vs State of Up ANOther

Neutral Citation No. - 2024:AHC:166909

Court No. - 75

Case :- APPLICATION U/S 482 No. - 14368 of 2024

Applicant :- Kripashankar Tiwari And 2 Others Opposite Party :- State Of Up Another Counsel for Applicant :- Moti Lal Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 26.07.2023, of Complaint Case No. 2755 of 2022 (Harishankar vs. Kripashankar), under Section - 406 I.P.C., Police Station - Deogaon, Distrtict - Azamgarh, pending in the court of Addditional Chief Judicial Magistrate, Court No.10, Azamgarh.

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After arguing at some length, learned counsel for the applicants submitted that he is not pressing the prayer for quashing of proceedings and instead of that applicants may be permitted to move an application for discharge through counsel before the trial Court concerned and till then protection may be granted to them.

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In view of aforesaid, it is directed that in case applicants move an application for discharge through counsel before the trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of

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discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of discharge application.

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The application u/s 482 Cr.P.C. is disposed of accordingly.

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Order Date :- 21.10.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Kripashankar Tiwari and 2 Others v. State of Up ANOther

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