Allahabad High Court
Shyam Sunder Yadav @ Munna Yadav & ... vs State Of U.P. & Anr. on 8 July, 2019
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- U/S 482/378/407 No. - 4763 of 2019
Applicant :- Shyam Sunder Yadav @ Munna Yadav & Ors.
Opposite Party :- State Of U.P. & Anr.
Counsel for Applicant :- Sumit Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Criminal Case No.442 of 2019, arising out of N.C.R. No.46 of 2018, under Sections 504 and 506 I.P.C., Police Station Kandhai, District Pratapgarh, pending in the Court of Chief Judicial Magistrate, Pratapgarh as well as impugned chargesheet No.Nil of 2018 dated 16.03.2018 submitted by the Investigating Officer against the applicants in aforesaid Case Crime number, and impugned summoning order dated 25.03.2019 passed by the learned Chief Judicial Magistrate, Pratapgarh.
Learned counsel for the applicants has submitted that the applicants are the witnesses in a Criminal Case that was lodged as Case Crime No.361 of 2011, under Sections 147, 148, 302, 307, 452, 323, 504, 506, 427 I.P.C. and Section 3 (2) (V) SC/ST Act. He has further submitted that later on Section 302 I.P.C. was also added. Learned counsel for the applicants has further submitted that only with intention to make pressure on the applicants, the NCR was registered by the informant-opposite party No.2 on 04.03.2018. Learned counsel for the applicants has further submitted that after the order of the Magistrate, the aforesaid NCR was investigated and the police submitted the chargesheet without considering the case of applicants.
Per contra, learned A.G.A. opposes the argument of learned counsel for the applicants and submitted that during the course of investigation, the ample evidences have been collected by investigating officer and thereafter, chargesheet in question was filed.
After arguing the matter up to some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.
Learned A.G.A. has no objection in grant of aforesaid prayer.
In view of above, it is provided that applicants permitted to move their discharge application(s) through counsel within four weeks' from today and in case any such application(s) 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.
Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case.
In case of failure on the part of applicants in moving the discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order.
With above directions this application stands disposed of.
Order Date :- 8.7.2019
Amit/-
