Disposed

Rampal Yadav and 2 Others v. State of U.P. and Another

Allahabad HC12 Sept 2024A482/27536/2024

Case brief

AI extract

What is this about?

The High Court applicant moved for quashing of criminal proceedings under Section 482 Cr.P.C. Instead of quashing, the court granted a direction to file a discharge application within four weeks and stayed coercive action during that period if filed, with the trial court directed to decide the matter expeditiously.

What did the court decide?

Direction to file discharge application within four weeks; stay of coercive action pending disposal; direction to trial court to decide discharge application expeditiously.

Rampal Yadav and 2 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149110

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 27536 of 2024

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Applicant :- Rampal Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Mishra,Sudhir Kumar Shukla

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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 counsel for the informant and learned A.G.A. for the State.

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 11.02.2022 and cognizance/summoning order dated 25.01.2023, of Case No. 41 of 2023 (State Vs. Rampal Yadav and others), arising out of case crime no. 0534 of 2022, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S.- Kotwali, DistrictBasti, pending in the court of Judicial Magistrate/FTC (Offence Against Women), Basti.

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

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Learned A.G.A. has opposed the application.

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In view of aforesaid, it is directed that in case applicants move an application for discharge through their counsel before the trial court concerned within a period of four weeks from today, the

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same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of four 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 instant application u/s 482 Cr.P.C. is disposed of with aforesaid observations.

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Order Date :- 12.9.2024 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Rampal Yadav and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rampal Yadav and 2 Others v. State of U.P. and Another

Case brief

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