Varan Yadav (Baran Yadav) vs The State Of U.P.
2013 Latest Caselaw 2218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 4400 of 2008
 

 
Petitioner :- Varan Yadav (Baran Yadav)
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Neeraj Sahu
 
Respondent Counsel :- Govt.Advocate,A.K. Gupta
 

 
Hon'ble Ravindra Singh,J.

Heard Sri Neeraj Sahu, learned counsel for the applicant, learned A.G.A. and Sri A.K. Gupta, learned counsel for O.P. No. 2.

This application has been filed with a prayer to quash the proceedings of criminal case No. 3160 of 2008  under sections 323, 504, 506 IPC and section 3(1)X SC/ST Act arising out of the chargesheet submitted in case crime No. 462 of 2007, P.S.  Lonar, District Hardoi pending in the court of learned A.C.J.M.-I, Hardoi.

It is contended by learned counsel for the applicant that in the present case both the parties want to settle the dispute out side the court. The charge sheet has been submitted without doing the proper investigation on which the learned Magistrate has taken the cognizance.

Considering the same, it is directed that the appearance of the applicant before the court of Magistrate concerned shall be made through his counsel, but on the date of committal of the case, he shall be present in the court, but no coercive steps shall be taken against him. After committal of the case to the Special Judge, SC/ST Act, in case the application for discharge is moved within 60 days, thereafter through his counsel, the same shall be heard and disposed of expeditiously in accordance with law. Till the disposal of that application no coercive steps shall be taken against the applicant.

The interim order dated 11.12.2008 is hereby vacated.

Accordingly this application is disposed of.

Order Date :- 16.5.2013

RPD