Court No. - 45
Case :- APPLICATION U/S 482 No. - 43234 of 2018 Applicant :- Abdul Jabbar And 2 Others Opposite Party :- State Of Up Counsel for Applicant :- Nitin Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to set aside the impugned order dated 10.9.2018 passed by the Chief Judicial Magistrate, Hapur in Case No. 1376 of 2014 ( case crime no. 120 of 2014) (State Vs. Mohd. Iqbal and others) under sections 406, 420, 120-B I.P.C. P.S. Babugarh District Hapur by which non-bailable warrants and process under section 82 Cr.P.c. have been issued against the applicants.
Learned counsel for the applicants submits that they have been falsely implicated by the police under the alleged sections.The applicants are said to be senior citizens.
In that view of the matter, they are permitted to move discharge application within three weeks from today through counsel before the trial Court and the trial court shall decide the same within a period of three months from the date of filing of applicant along with certified copy of this order.
Till the discharge application is decided, no coercive measures shall be taken against the applicants.
However, in case discharge application is rejected, the applicants are at liberty to appear and surrender before the Courts below within three weeks thereafter and apply for bail. Their bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
With the aforesaid direction,the application is disposed of.
Order Date :- 30.11.2018 Atul kr. sri.