In this short order, the Allahabad High Court (Lucknow Bench) granted the applicant's prayer under section 482 CrPC to file a discharge application and appear through counsel.
Permission to move a discharge application and appear through counsel.
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.
Neutral Citation No. - 2024:AHC-LKO:24566
Court No. - 29
Case :- APPLICATION U/S 482 No. - 2735 of 2024
Applicant :- Munni Devi Katiyar And2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Padam Ranjan Bhatt,Arun Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Padam Ranjan Bhatt, learned counsel, Shri Arun Kumar, learned counsel for the applicants and Shri S. P. Tiwari, learned A.G.A. for the State.
The incident occurred in the year 1991. The complaint was made to the State Government in the year 1996. The F.I.R. was lodged in the year 2002. The applicants are Class-III and Class-IV employees respectively. They did not have any role in drawing up the documents which were found to be forged. The confirmation of identities was done by the superior officials who have not been implemented. The applicants have been scapegoated.
The only prayer made by Shri Padam Ranjan Bhatt, learned counsel for the applicant is that the applicants may be permitted to move a discharge application before the learned trial court and be represented by their counsel till the same is decided.
Shri S. P. Tiwari, learned A.G.A. does not have any serious objection to the aforesaid prayer.
Considering the facts narrated above, the applicants are
directed to move a discharge application before the learned trial court. The applicants shall appear in the court through their counsel till the decision on the discharge application.
The Application U/S 482 is disposed of.
Order Date :- 20.3.2024 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Munni Devi Katiyar and 2 Others
Ajay Bhanot
As recorded by the court registry
2 orders share this CNR
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