Application under Section 482 CrPC filed for stay and quashing of charge sheet and summons. Applicants did not press prayers on merits, seeking liberty to seek discharge instead. Application disposed of without deciding merits.
Applicants granted liberty to seek discharge in the main case; present application disposed of.
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Neutral Citation No. - 2024:AHC:110278
Court No. - 77
Case :- APPLICATION U/S 482 No. - 7841 of 2024
Applicant :- Babu Alias Pukul And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
1. List revised.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of the Charge-Sheet dated 26.06.2023 (Annexure No.1 to the affidavit), the Cognizance Taking Order as well as the Summoning Order dated 17.10.2023 (Annexure no.-2 to the affidavit), issued by the Additional Chief Judicial Magistrate, Court No.-8, Allahabad, in Case Crime No. 0097 of 2023 (State vs. Lalbabu @ Pukul and Others), Under Sections 323, 504, 506, 308 1. P. C. Police Station Karchhana, District Prayagraj, during the pendency of the present Criminal Misc. Application, otherwise the applicant shall suffer irreparable loss and injury which cannot be compensated in any term.
It is further prayed that this Hon'ble Court may further be pleased to quash the impugned Charge-Sheet dated 26.06.2023, (Annexure No.1 to the affidavit), the Cognizance Taking Order as well as the Summoning Order dated 17.10.2023 (Annexure No.-2 to the affidavit), issued by the Additional Chief Judicial Magistrate, Court No.-8, Allahabad in Case Crime No. 0097 of 2023 (State vs. Lalbabu @ Pukul and Others), under Sections 323, 504, 506, 308 1. P. C. Police Station Karchhana, District Prayagraj, or the Hon'ble Court may pass such other and further order as it may deem fit and proper in the facts and circumstances of the case."
Order Date :- 8.7.2024 M. ARIF
(Samit Gopal, J.)
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
1 provisions across 1 enactments
Babu Alias Pukul and Another
State of U.P.
Samit Gopal
Mohammad Arif
As recorded by the court registry
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