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Triloki Nath And Others v. State Of U.P. And Another - APPLICATION U/s 482 No. 11978 of 2006  RD-AH 20359 (30 November 2006)
(Court No. 48)
Criminal Misc. Writ Petition No. 11978 of 2006
1. Ramesh Chandra son of Soran.
2. Anil alias Pappu.
3. Niroti son of Pancham Singh.
4. Purushotam son of Dataram.
5. Pramod son of Purushotam.
6. Chitat Prasad son of Ratan Singh.
7. Bhikam Singh swon of Ram Singh.
8. Bangali son of Hukum Singh.
9. Ram Naresh son of Pooran
All Resident of Village Aaheerpura,
Police Station Iradatnagar,
10. Suresh alias Pappu son of Pancham Singh,
Resident of Village Niharika, P.S.
Eradatnagar, District Agra. ....... Accused-Applicants
1. State of U.P.
2. Manik Chandrason of Bhagwan Singh
R/o Village Aaheerpur,
Police Station Eradatnagar,
District Agra. ..................Opp.Parties .
Hon'ble Barkat Ali Zaidi, J
1. Heard Sri Ramesh Upadhyay, advocate for the petitioners Ramesh Cjhandra and 9 others and Sri Pramendra Kumar, Addl. Government Advocate for the State.
2. As will appear from the record with regard to an incident dated 21.7.2002, one of the petitioner here Anil Kumar, had lodged an F.I.R. against one Chhotey and others at Police Station Eradatnagar, District Agra and after investigation, the police submitted a charge-sheet ( in Case Crime No.148 of 2002), under Sections 147,148,149,307,504 and 506 I.P.C. against them. The accused came to the High Court and in Crl. Misc. Application No. 15387 of 2005 under Section 482 and the High Court allowed them to appear through counsel and to claim discharge at the appropriate stage vide order dated 21.10.2005. Out of those accused, one Manik Chandra, after 10 days of lodging the aforenoted first information report filed an application under Section 156 (3) Cr.P.C. against Anil Kumar and other present applicants and the learned A.C.J.M. Agra, treating it as a complaint vide order dated 12.5.2004 ordered to summon them under Sections 323,452,147,148,149,504 and 506 I.P.C.
3. I have heard Sri Ramesh Upadhyay, Advocate for the petitioners and Sri Ashutosh Srivastava, Addl. Government Advocate for the State.
4. Since in case Crime No. 317 of 2005 , State Vs. Chhotey and others filed at behest of one of the applicant Anil Kumar, this Court has given the accused special concession to permit to appear through counsel and claim discharge, to avoid ramification, if any, in this case too, the applicants are permitted to appear through counsel and claim discharge at the appropriate stage, provided the petitioners appear before the trial court within three weeks from today and give a personal undertaking before the Trial court that they will appear as per the directions given to them by the court. Till application for discharge is finally decided, no coercive process shall be pressed into service against them.
5. With this observation, this petition is disposed of finally.
11978/ 06 n.u.
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