Mohan Shyam Soni v. State of U.P. Thru. S.H.O. Bazarkhala Lko. and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 11939 of 2024 Applicant :- Mohan Shyam Soni Opposite Party :- State Of U.P. Thru. S.H.O. Bazarkhala Lko. And Another Counsel for Applicant :- Indra Mani Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

¶2This application under Section 482 Cr.P.C. has been filed with following prayer:- "WHEREFORE it is most respectfully prayed that this Hon'ble court may kindly be pleased:

(1) To quash the impugned charge sheet bearing No. 631/2020 dated 09.10.2020 as well as summoning order 10.11.2020 passed in Criminal Misc Case No. 46997 of 2020 arose in case Crime No. 389/2020 under section 411,413 IPC (380,411,413 IPC) dated 21.09.2020, petitioner implicated as co-accused only under section 411,413 IPC at police station Bazar Khala, Lucknow pending before Learned Additional Chief Judicial Magistrate IV Lucknow (State of U.P. Versus Shani Kashyap & others) in respect of petitioner only, Contained as ANNEXURE No. 1 & 2 respectively to this petition.

(ii) Any other order or direction which this Hon'ble court may deem just fit and proper in the circumstance of the court may also be pass in favor of the petitioner."

¶3After 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 through counsel and suitable directions may be issued for expeditious disposal of the same.

¶4Learned A.G.A. has no objection in grant of aforesaid prayer.

¶5In view of above, it is provided that applicant is permitted to move his discharge application(s) through counsel 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.

¶6Till 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.

¶7In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he will not be entitled to the benefit of this order.

¶8With above directions, this application stands disposed of. Order Date :- 20.12.2024 Gurpreet Singh High Court of Judicature at Allahabad, Lucknow Bench