Kaisar Jahan And Another vs State Of U.P. And Another
2023 Latest Caselaw 3271 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 37915 of 2022
 

 
Applicant :- Kaisar Jahan And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sajid Razi,Araf Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Sharma, J.

Heard learned counsel for the applicants, learned AGA for the State, learned counsel for the opposite party no.2 and perused the record.

Learned counsel for the applicants argued that there are general allegations against the accused persons. Hence, in view of the judgment in Usha Chakraborty & Anr. Vs. State of W.B. & Anr. 2023 Live Law (SC) 67 the charge sheet and the entire criminal proceedings is liable to be quashed.

From perusal of the material available on record it transpires that serious allegations have been levelled against the accused persons, therefore, the aforesaid citation does not apply in this case. At this stage learned counsel for the applicant does not press the relief claimed but has prayed to provide an opportunity to move an application for discharge of the accused persons.

Learned counsel for the opposite party has no objection if such prayer is allowed.

In view of above, this application is disposed of with the liberty to the applicants to move an application for discharge before the competent court at the appropriate stage. If such application is moved, the same shall be considered and decided in accordance with law at the appropriate stage..

Order Date :- 1.2.2023

Vinod.