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2025 DAILYLAW 146833 (ALL)

VINEET and ANR. v. STATE OF U.P. and ANR.

A482/6724/2017 · 2025-01-27

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5175 Court No. - 28 Case :- APPLICATION U/S 482 No. - 6724 of 2017 Applicant :- Vineet And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Pankaj Gupta,Amresh Singh Counsel for Opposite Party :- Govt. Advocate,Dileep Kumar Singh Chauha Hon'ble Brij Raj Singh, J. 1. Heard Sri Pankaj Gupta, learned counsel for the applicants, Sri Alok Kumar Tripathi, learned AGA and Sri D.K. Singh Chauhan, learned counsel appearing for opposite party no.2. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No.2833 of 2016, Yogesh Chandra Misra Vs. Vineet and others as well as the order dated 22.09.2016 passed in the aforesaid complaint case and the order dated 17.08.2017 passed by the Additional Sessions Judge/FTC, Hardoi in Criminal Revision No.297 of 2016. 3. Learned counsel for the applicants after arguing at some length, does not want to press this application on merit, however, he by inviting the attention of this Court towards the provisions of Section 245 (2) of Code of Criminal Procedure has requested that the court below may be directed to entertain the discharge application filed by the applicants as the applicants have sufficient material to place before the court below so that their discharge application may be heard and decided in accordance with law. 4. Learned AGA as counsel for the complainant have opposed the aforesaid prayer, but could not dispute that provisions of Section 245(2) Code of Criminal Procedure are not available to the applicants for moving discharge application. 5. Looking to the peculiar facts and circumstances of the case, this application is disposed of with a direction to the applicants to move an application for discharge within four weeks from today before the court below, which shall be considered and decided by it within next six weeks in accordance with law. It is needless to say that discharge application will be moved by the applicants through counsel. Till disposal of the discharge application, no coercive measures shall be adopted against the applicants. . (Brij Raj Singh, J.) Order Date :- 27.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench