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Shiv Kumar Rastogi And Others vs State Of U.P. And Anr. on 16 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 3700 of 2016

Applicant :- Shiv Kumar Rastogi And Others

Opposite Party :- State Of U.P. And Anr.

Counsel for Applicant :- Arunendra Nath Mishra,Bhagwati Prasad Nigam,Nadeem Murtaza

Counsel for Opposite Party :- Govt. Advocate,Ashok Narayan Tripathi,B. P. Nigam,Ramendra Kumar

Hon’ble Rajeev Singh,J.

Heard learned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned summoning order dated 28.03.2016 passed by Judicial Magistrate, Court No.17, Raebareli in Case No. 1383 of 2015, under Sections 498A, Section323, Section506 I.P.C., P.S. Dalmau, District Raebareli.

After arguing the matter up to some length, learned counsel for the applicants submit that they does not want to press this application on merit and he confines his prayer only to the extent that he may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that applicants are permitted to move their discharge applications through counsel within four weeks’ from today and, in case, any such application is being filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

Till the aforesaid period of four weeks’ and during the pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case.

In case of failure on the part of applicants in moving the discharge application within the aforesaid period, they will not be entitled to the benefit of this order.

With the above directions, this application is disposed of.

Order Date :- 16.10.2019

S. Shivhare

 

 

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