Disposed

Ram Kumar @ Ram Kumar Maurya and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC24 Jun 2024A482/5623/2024

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Outcome

Applicants permitted to move discharge application through counsel within four weeks; no coercive steps during pendency.

Ram Kumar @ Ram Kumar Maurya and Another vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:70695

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5623 of 2024

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Applicant :- Ram Kumar @ Ram Kumar Maurya And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another

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Counsel for Applicant :- Kr.Udai Bhan Singh,Gargi Prakash Misra

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been with prayer to set aside the entire criminal proceedings of Criminal Case No. 4779 of 2016 "State Versus Basil and others" pending before the learned Additional Chief Judicial Magistrate-I, (Junior Division), Raebareli arising out of Case Crime No. 1 of 1998, under sections-420, 467, 468 & 471 I.P.C. Police StationMohanganj, District-Raebareli (Now Amethi) and for quashing summoning order dated 06.12.2005 as well as Non Bailable Warrant dated 09.08.2018 including supplementary chargesheet dated 22.08.2001.

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After arguing the matter up to some length, learned counsel for the applicants submit that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

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Learned A.G.A. has no objection in grant of aforesaid prayer.

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In view of above, it is provided that applicants are permitted

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to move their discharge application(s) through counsel within four weeks' from today and in case any such application(s) are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

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Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case.

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In case of failure on the part of applicants in moving the discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order.

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With above directions, this application stands disposed of .

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Order Date :- 21.10.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Ram Kumar @ Ram Kumar Maurya and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

What the court decided

Ram Kumar @ Ram Kumar Maurya and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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