Disposed

Ankit Pathak v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Another

Allahabad HC21 Oct 2024A482/9324/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the court disposed of the matter after applicant conceded merit and sought to move a discharge application. The court granted permission to file discharge within four weeks with expedited hearing and restrained coercive steps during pendency.

What did the court decide?

Permission granted to move discharge application within four weeks; coercive steps stayed during pendency.

Ankit Pathak vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70623

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9324 of 2024

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Applicant :- Ankit Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Ambika Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, 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 filed by the applicant for quashing the charge sheet dated 28.06.2022 as well as summoning/cognizance order dated 29.08.2022 passed by the Additional Chief Judicial Magistrate, Court No.19, Sultanpur in Criminal Case No.4973 of 2022; State vs. Vaibhav Shukla and others, arising out of Case Crime No.355 of 2020, under Sections 308, 323, 506 IPC, Police Station Gauriganj, District Amethi.

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After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application 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 applicant is permitted to move his discharge application(s) within four weeks' from today and in case any such application(s) is/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 applicant in the aforesaid case.

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In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he will not

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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 Renu/-

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

Ankit Pathak v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Another

Case brief

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Ankit Pathak v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Another

Case brief

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