Disposed

Abhishek Kumar and 3 Others v. State of Up and Another

Allahabad HC8 Nov 2024A482/30745/2024

Case brief

AI extract

What is this about?

High Court considered an application u/s 482 Cr.P.C. for quashing proceedings. Applicant withdrew quashing prayer, seeking discharge instead. Court granted three weeks for discharge application, promising no coercive action pending outcome.

What did the court decide?

No coercive action against applicants for three weeks if they file discharge application; matter disposed of with directions.

Abhishek Kumar and 3 Others vs State of Up and… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:175243

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 30745 of 2024

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Applicant :- Abhishek Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Daya Shanker Yadav,Mahendra Kumar 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 entire proceedings, including summoning order dated 18.07.2024, of Complaint Case No. 21041 of 2024 (Kanhaiya Lal vs. Abhishek Kumar and Others), under Sections - 504, 506, 427 I.P.C., Police Station - Suriyawan, District - Bhadohi, pending in the court of Additional Civil Judge (Senior Division)-IInd Bhadohi at Gyanpur.

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After arguing at some length, learned counsel for the applicants submitted that he is not pressing the prayer for quashing of proceedings and 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 of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of

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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 with aforesaid observations.

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Order Date :- 8.11.2024 S Rawat

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

Abhishek Kumar and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Abhishek Kumar and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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