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Smt. Tahira And 4 Others vs State Of U.P. And 2 Others on 18 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

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Court No. – 70

Case :- APPLICATION U/S 482 No. – 26736 of 2019

Applicant :- Smt. Tahira And 4 Others

Opposite Party :- State Of U.P. And 2 Others

Counsel for Applicant :- Mohd. Samiuzzaman Khan

Counsel for Opposite Party :- G.A.,Mohammad Yaseen

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, Mohd. Yaseen, learned counsel for the opposite party nos. 2 and 3 and learned AGA for the State of U.P. and perused the record.

By means of this 482 Cr.P.C. application, applicants pray for quashing the charge sheet no. 72 of 2008 dated 3.6.2008 as well as cognizance order dated 19.9.2008 and the proceedings of Case No. 5119 of 2008 (State Vs. Smt. Tahira and others) arising out of case crime no. 115 of 2008, under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar pending in the Court of Chief Judicial Magistrate, Sant Kabir Nagar.

It is submitted by the learned counsel for the applicants that parties concerned have settled their dispute, therefore, criminal proceedings against the applicants are liable to be quashed.

After advancing his arguments at some length, learned counsel for the applicants submits that applicants want to apply for discharge at this stage and they may be permitted to move appropriate application for discharge under the Code of Criminal Procedure through counsel.

Considering the facts and circumstances of the case, it is hereby provided that the applicants shall move an appropriate application for discharge through counsel within a period of four weeks from today and in the event such an application is filed for discharge, the same shall be considered and decided on merits by the court below within a further period of three weeks without granting any adjournment in the matter.

Until the disposal of application for discharge, if moved by the applicants, no coercive measure shall be taken pursuant to the criminal proceedings in question.

However, it is made clear that this relief is a one time measure being afforded to the applicants so far the interim protection is concerned as he has come with a bona fide prayer for discharge and if they fail to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law.

With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.

Order Date :- 18.7.2019

AK Pandey

 

 

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