In an application under Section 482 Cr.P.C., the applicant challenged the rejection of his discharge application, arguing it cannot be a review of the summoning order. The court noted the matter requires consideration, issued notice to the opposite party, granted time for affidavits, and listed the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 27
Case :- APPLICATION U/S 482 No. - 1943 of 2024
Applicant :- Mohd. Ovais
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Dharmendra Kumar Singh,Abhishek Singh,Gajendra Pratap Singh,Gautam Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
affidavit. Two weeks' time thereafter shall be available to the applicant to file rejoinder affidavit.
Order Date :- 13.3.2024 Pradeep/-
Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether an application for discharge can only be filed after the accused appears in the trial court or if it can be filed at an earlier stage.
Whether an application for discharge amounts to an application for review of the summoning order.
1 provisions across 1 enactments
Mohd. Ovais
State Of U.P.
Subhash Vidyarthi
Pradeep
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
