Disposed

Vishram Yadav and 4 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Allahabad HC5 Mar 2024A482/2020/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. petition challenging a summoning order in a complaint case under sections 504, 506 IPC was disposed of without merits, directing petitioners to file a discharge application within four weeks, with interim relief from compelled appearance until its disposal.

What did the court decide?

Petitioners permitted to file discharge application within four weeks; court below to decide it by reasoned order; appearance before court below deferred till disposal of that application.

Vishram Yadav and 4 Others vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22317

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 2020 of 2024

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Applicant :- Vishram Yadav And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the petitioners and learned AGA for the State.

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In view of the proposed order, notice to opposite party no.2 is dispensed with.

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By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed the following main relief:-

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"(I) To, set aside the impugned Summoning Order dated 23.06.2023 passed by the learned Additional Chief Judicial Magistrate, Court no. 19, Barabanki in Complaint Case No. 308 / 2022 under section 504, 506 IPC relating to Police Station - Ram Nagar, District - Barabanki, against the Petitioners."

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Submission of learned counsel for the petitioners is that the petitioners have been falsely implicated in the aforesaid case as they have not committed any offence as alleged.

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Be that as it may, since the petitioners can prefer a discharge application before the learned court below taking all pleas and grounds, which are available to them, therefore, they should approach the learned court below by filing the discharge application.

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Learned AGA has also submitted that this petition under Section 482 Cr.P.C. is not maintainable as the petitioners have got efficacious remedy by filing discharge application.

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Accordingly, the present petition is disposed of at the admission stage and without entering into the merits of the issue, the petitioners are permitted to file a discharge application before the learned court below through counsel taking all pleas and grounds, which are available to them,

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enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application, within a period of four weeks from today and if such application is filed by the petitioners before the learned court below within the aforesaid stipulated time, the court concerned shall consider and decide the said application strictly in accordance with law, by speaking and reasoned order and by affording an opportunity of hearing to the concerning parties and pass appropriate orders, with expedition, preferably within a period of six weeks thereafter.

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Till disposal of such discharge application, the petitioners shall not be compelled to appear before the court below in the aforesaid complaint case, but it is made clear that if the present petitioners do not file any discharge application within the aforesaid stipulated time, i.e. within a period of four weeks from today, the benefit of this order shall not be extended to the petitioners.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 14.3.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Vishram Yadav and 4 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

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Vishram Yadav and 4 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

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