Shamshad Ali Alias Shamshad Ahmad And 2 ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
2023 Latest Caselaw 35784 ALL

Allahabad High Court

Shamshad Ali Alias Shamshad Ahmad And 2 ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 19 December, 2023

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:84044
 
Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 11475 of 2023
 

 
Applicant :- Shamshad Ali Alias Shamshad Ahmad And 2 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Mohammad Afsar,Mohd. Nafees
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.
 

Heard.

Considering the facts indicated in the affidavit filed in support of the application [C.M. Application No. IA/3/23 (Application for correction)] as also the averments made in the instant application, it appears that the order dated 23.11.2023 passed by this Court earlier in the matter has wrongly been transcribed. Accordingly, the order dated 23.11.2023 shall now be read, applied and complied in following manner:-

"Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record.

The present application under Section 482 Cr.P.C. has been filed inter alia praying for the following main reliefs:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the entire proceeding initiated in pursuance of the impugned summoning order dated 18.10.2021 passed by learned Additional Chief Judicial Magistrate-5th, Court No.29, Lucknow in Complaint Case No.3129/2021 (Azeem Versus Shamshad & Others) Under Sections 420, 452, 467, 323, 504, 506 IPC, Police Station Jankipuram, District - Lucknow as well as judgment and order dated 17.2.2023 passed by learned Special Judge, P.C. Act-6/Additional Sessions Judge, Lucknow in Criminal Revision No.329/2022 (Shamshad All Shamshad Ahmad & Others Versus State of U.P. & Another) as contained in Annexure No.1 and 2 to this petition, so far it relates with the petitioners.

It is further prayed that this Hon'ble court may kindly be pleased to stay the further proceedings initiated in pursuance of the impugned summoning order dated 18.10.2021 passed by learned Additional Chief Judicial Magistrate-5th, Court No.29, Lucknow in Complaint Case No. 3129/2021 (Azeem Versus Shamshad & Others) Under Sections- 420, 452, 467, 323, 504, 506 IPC, Police Station Jankipuram, District - Lucknow, during pendency of instant petition in the interest of justice."

After arguing at some length, learned counsel for the applicant submitted that the applicant may be permitted to move discharge application before the court concerned, which may be directed to be decided expeditiously in accordance with law after taking note of facts and circumstances of the case and law on the issue.

The aforesaid has not been opposed.

Accordingly, the instant application is disposed of with liberty to the applicant to prefer an application for discharge before the Court concerned, which shall be considered and decided by the trial Court expeditiously, in accordance with law, by means of reasoned and speaking order after taking note of entire facts and circumstances of the case and law on the issue.

With the aforesaid, the instant application is disposed of finally."

Order Date :- 19.12.2023

Arun/-