Rajesh Kumar Singh @ Ladu vs State Of U.P.And Another
2022 Latest Caselaw 1223 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 92
 

 
Case :- APPLICATION U/S 482 No. - 423 of 2022
 

 
Applicant :- Rajesh Kumar Singh @ Ladu
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Abrar Ahmad Siddiqui
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Kumar,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

Present petition has been filed under Section 482 Cr.P.C. to direct the court concerned to decide the discharge application preferred under Section 245 (2) Cr.P.C. dated 25.09.2019 in Complaint Case No. 572 of 2015, under Sections 323, 504, 379 IPC, Police Station Handia, District Allahabad (Prayagraj) pending in the court of ACJM VIII, Room No. 1, Allahabad.

Learned counsel for the applicant has submitted that the discharge application preferred by the applicant is pending before the court below since 25.09.2019 and the same has yet not been decided, thus, it is prayed that a direction may be issued to the court below to decide the same within a stipulated time, as this court deem fit and proper.

It is further submitted that the applicant is ready to surrender before the trial court within ten days from today moving an application for bail and the same may be decided expeditiously.

Learned AGA has no objection to the aforesaid prayers advanced by learned counsel for the applicant.

As per the prayer made by the learned counsel for the applicant, a liberty is given to the applicant to surrender before the court below within ten days from today and if any bail application is moved on behalf of the applicant, the same shall be decided in the light of the judgment of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and judgment of the Hon'ble Apex Court in the cases of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) , Satender Kumar Antil versus Central Bureau of Investigation and another (Petition for Special Leave to Appeal (Cri) No.5191 of 2021)

As prayed by learned counsel for the applicant for issuing a direction to the court below for deciding the discharge application expeditiously, the Court below is expected to decide the discharge application expeditiously in accordance with law.

With the aforesaid observations and directions, the present writ petition is disposed of.

Order Date :- 12.4.2022

Ashish