Disposed

Pradeep and Another v. State of U.P. and Another

Allahabad HC17 Oct 2024A482/15745/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Court No. 75, disposed of Section 482 CrPC application where applicants withdrew the prayer to quash proceedings and instead sought to move for discharge in the trial court. The court granted a temporary stay on coercive action for three weeks pending the discharge application.

What did the court decide?

Stay of coercive action for three weeks if discharge application is filed; application disposed of.

Pradeep and Another vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:165058

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 15745 of 2024

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Applicant :- Pradeep And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sher Bahadur Yadav 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 order dated 09.10.2023, passed by the Additional Sessions Judge, Court No.3, Mau in Criminal Revision No. 279 of 2022 as well as for quashing of the entire proceedings, including summoning order dated 15.12.2023, of Complaint Case No. 16889 of 2022 (Dinesh Kumar vs. Pradeep and Others), under Sections - 417, 420 I.P.C., Police Station - Mohammadabad Gohna, District - Mau, pending in the court of Judicial Magistrate, Mau.

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After arguing at some length, learned counsel 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

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of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of 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 :- 17.10.2024 S Rawat

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

Pradeep and Another v. State of U.P. and Another

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Pradeep and Another v. State of U.P. and Another

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