Court No. - 79
Case :- APPLICATION U/S 482 No. - 22420 of 2021 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunwar Mayank Singh,Hari Prakash Pal Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer for quashing the entire criminal proceedings of Case No.23099 of 2019 (State vs. Sanjay Kumar), arising out of Case Crime No.1160 of 2019, under Sections 507, 420 I.P.C. and Section 66D of The Information Technology Act, 2000, Police Station Chakeri, District Kanpur Nagar as well as quash the impugned charge sheet dated 14.08.2020 and the cognizance order dated 05.11.2020 passed in aforesaid Case No.23099 of 2019 (State vs. Sanjay Kumar), along with the further prayer to stay the further proceedings of aforesaid case.
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 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 applicant is permitted to move his discharge applications through counsel within six 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 six weeks' and during the pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.
In case of failure on the part of applicant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order.
With the above directions, this application is disposed of.
Order Date :- 22.12.2021 A.P. Pandey