Vinod Kumar Ojha And 2 Others vs State Of U.P. Thru. Prin.Secy. ...
2022 Latest Caselaw 18800 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- APPLICATION U/S 482 No. - 8586 of 2022
 

 
Applicant :- Vinod Kumar Ojha And 2 Others
 
Opposite Party :- State Of U.P. Thru. Prin.Secy. Deptt. Of Home And Another
 
Counsel for Applicant :- Pradeep Kumar Shukla,Rajesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused record.

The present 482 Cr.P.C. application has been filed with a prayer to set aside impugned judgment and order dated 13.9.2022 passed by Addl. Sessions Judge, Court No.5/Special Judge, Gangsters Act, Gonda in Crl. Revision No.28/2021 (Vinod Kumar Ojha and others. Vs. Smt. Sundarpata and others.) and the summoning order dated 4.1.2020 passed by Judicial Magistrate-II, Gonda in Complaint Case No.306/2019 (Sundarpata Vs. Vinod Kumar Ojha and others).

At the outset, counsel for the applicants submits that the applicants may be allowed to move a discharge application before the Magistrate through counsel as the case is triable by Magistrate and is of minor nature.

Without entering into the merits of the case, I hereby grant liberty to the applicants, to move discharge application through counsel before the Magistrate concerned, within a period of two weeks from today. The Magistrate concerned will pass final orders on this application within a period of six weeks from the date the discharge application is filed before him/her.

For a period of two months or till the date, the discharge application is decided, no coercive action shall be taken against the applicants.[protection to be granted only in case the applicants have been granted bail]

The Magistrate concerned will ensure to decide the discharge application within six weeks.

Application stands disposed of.

It is made clear, in case the applicants fail to move the discharge application within the time stipulated by this Court or do not cooperate in the proceedings on the date fixed, the benefit granted by this Court will stand cancelled without reference to the Court.

Order Date :- 24.11.2022

Rajneesh JR-PS)