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2025 DAILYLAW 145785 (ALL)

PAWAN KUMAR TIWARI @ PAWAN KUMAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/4934/2025 · 2025-06-17

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 11 Case :- APPLICATION U/S 482 No. - 4934 of 2025 Applicant :- Pawan Kumar Tiwari @ Pawan Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ganga Prasad Mishra,Abhinav Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge sheet no.01 of 2021 dated 23.9.2021 submitted in Crime No.0087 of 2021, under Section 323, 324, 504, 325 IPC, police station - Paraspur, District Gonda and summoning order dated 20.4.2022 passed by the learned Judicial Magistrate - I, Gonda in Criminal Case No.13795 of 2022 "State vs. Gokaran Tiwari & Others" including entire criminal proceeding of Criminal Case No.13795 of 2022 "State Versus Gokaran Tiwari & Others", under section 323, 324, 504, 325 IPC, police station - Paraspur, District Gonda pending in the Court of Additional Civil Judge (Jr. Div.) III, Gonda, as contained in Annexure No.1 & 2 respectively to the petition, so far as it relates to the petitioner. 3. After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same. 4. Learned A.G.A. has no objection in grant of aforesaid prayer. 5. In view of above, it is provided that applicant is permitted to move his discharge application through counsel within four weeks from today and in case any such application is being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 6. Till the aforesaid period of four weeks and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case. 7. In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he will not be entitled to the benefit of this order. 8. With above directions, this application stands disposed of. Order Date :- 17.6.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench