Smt. Alka Mittal And 4 Others vs State Of U.P. And Another
2013 Latest Caselaw 2119 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 16537 of 2013
 

 
Petitioner :- Smt. Alka Mittal And 4 Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Manish Tiwary,Ashwini Kumar Awasthi
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants, Sri R.K. Vaish, learned counsel for the opposite party no.2 and learned A.G.A. for the State respondent.

The present 482, Cr.P.C. application has been filed for a direction to the CJM, Agra to consider and decide the discharge application of the applicants dated 18.2.2013 filed in case no. 6437 of 2009 (case crime no. 419 of 2009) under Section 420, 467, 468, 471, 504, 506, 120-B IPC, P.S. Hari Parwat District Agra.

Learned counsel for the applicants had drawn attention of this Court to annexure-3 to the affidavit, which is the order of this Court dated 1.11.2010 passed in criminal revision no. 685 of 2010, in which non-bailable warrant issued against the revisionists/applicants, was set aside and the Magistrate was directed to take appropriate process  and the in the mean time the revisionists/applicants were permitted to file application under section 245(2), Cr.P.C. before the Magistrate concerned.   It is contended by the learned counsel for the applicants that pursuant to the said order of this Court, application for discharge has been filed by the applicants, which is being deferred by the court below.

It is contended by the learned counsel for the opposite party no.2 that the opposite no.2 had filed criminal 482, Cr.P.C. application no. 33557 of 2012 before this Court, in which this Court directed for issuance of coercive actions as well as taking process against the applicants vide order dated 11.10.2012, photocopy of which order has been produced, which is taken on record. 

After hearing the learned counsel for the parties and after perusing the materials on record, this application is disposed of with the direction to the court concerned to consider and decide the aforesaid discharge application of the applicants, if not already decided, expeditiously, in accordance with law, preferably within a period of six weeks from the date of production of certified copy of this order before it.

For a period of six weeks from today or till the disposal of discharge application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

Order Date :- 15.5.2013

Ashish