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Brijesh Kumar Shukla & Ors. vs State Of U.P. & Another on 30 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- U/S 482/378/407 No. – 989 of 2012

Applicant :- Brijesh Kumar Shukla Ors.

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Udai Bhan Pandey

Counsel for Opposite Party :- Govt. Advocate,Amar Bahadur Singh

Hon’ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the petitioners as well as learned Additional Government Advocate and perused the record.

2. By means of this petition preferred under Section 482 Cr.P.C. the petitioners have prayed for quashing the charge sheet no.4588 of 2011, dated 28.4.2011 arising out of Case Crime No.53 of 2011, under Sections 498A, Section452, Section323, Section504, Section506 IPC, Police Station Colonelganj, District Gonda, pending in the court of Chief Judicial magistrate, Gonda and the summoning order dated 21.12.2011.

3. Learned counsel for the petitioners submits that he would like to file an application for discharge under the provisions of SectionCr.P.C., to which learned counsel for the State, does not have any objection.

4. Accordingly, the petitioners are granted liberty to file an application in conformity with the provisions of SectionCr.P.C., within a period of fifteen days from today. After the said application is filed, learned trial Court is directed to dispose of the same within a period of forty five days thereafter. The petitioners are also granted liberty to appear through their counsel. Till expiry of sixty days, no coercive steps shall be taken against them.

5. Learned counsel for the petitioners submits that mediation never took place and the petitioners deposited Rs.10,000/- as directed by this court vide dated 23.3.2012, therefore, the same may be refunded to the petitioners..

The Mediation and Conciliation Center, therefore, is directed that if the mediation has not taken place, the amount deposited by the petitioners may be refunded to the petitioners.

6. With the aforesaid observations / directions, the petition stands disposed of.

Order Date :- 30.10.2019

Rao/-

 

 

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