Remanded
Salman Raza and Another v. State of U.P. Thru. the Prin.Secy. Home and Another
Allahabad HCA482/5950/2024
What the court decided
AI extract
Outcome
Remanded
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Court No. - 11
Case :- APPLICATION U/S 482 No. - 5950 of 2024
Applicant :- Salman Raza And Another Opposite Party :- State Of U.P. Thru. The Prin.Secy. Home And Another Counsel for Applicant :- Nadeem Murtaza,Harsh Vardhan Kediya Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard.
Issue notice to the respondent no. 2 returnable at an early date.
Steps be taken within a week.
List on the date to be indicated in the notice by the office.
Under challenge is the order dated 19.11.2022 passed in Case No. 904 of 2019 under Sections 323, 504, 427 I.P.C Police Station-Gosaiganj DistrictSultanpur passed by the learned Additional Civil Judge/ Judicial Magistrate Room No. 31 Sultanpur, a copy of which is annexure 1 to the application whereby the discharge application filed by the applicants has been rejected.
At the very outset, learned counsel for the applicants states that in similar circumstances in an application filed under Section 482 Cr.P.C No. 4119 of 2024 Inre; Nazar Imam Vs. State of U.P and ors, this Court has passed a detailed order on 06.05.2024, a copy of which is annexure 17 to the writ petition whereby the proceedings of the said case as well as dismissal of the discharge application have been stayed.
It is submitted that both the cases pertaining to same incident and the same parties and as such, benefit of the said order be also extended to the applicants.
Learned AGA does not dispute the aforesaid factual controversy.
Accordingly, considering the order of this Court dated 06.05.2024 passed in Application U/S 482 No. 4119 of 2024 and there being a statement at bar that both the matters are same, it is provided that till the next date of listing, the further proceedings of Case No. 904 of 2019 Inre; Naushad Ali Vs. Nazar Imam as well as proceedings of Criminal Case No. 1535 of 2011 shall remain stayed.
Order Date :- 5.7.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the impugned order rejecting the discharge application requires to be stayed in light of a previous order in the same incident.
Whether further proceedings in Case No. 904 of 2019 and Criminal Case No. 1535 of 2011 should remain stayed for the next hearing.
Whether the benefit of the order passed in Application U/S 482 No. 4119 of 2024 should be extended to the applicants.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Salman Raza
Abdul Moin
As recorded by the court registry
3 orders share this CNR
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