Court No. - 72
Case :- APPLICATION U/S 482 No. - 3532 of 2019 Applicant :- Abdul Vahid Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
By means of this application u/s 482 Cr.P.C., the applicant prays for quashing of the charge sheet dated 13th October, 2017 in Case No.- 98 of 2018 (State v. Rajkumar and others) arising out of Case Crime No.- 0628 of 2017, under Section 411 I.P.C., Police Station- Milak, District- Rampur, pending in the court of Additional Civil Judge, (S.D.), Rampur.
At the very outset, learned counsel for the applicant submits that he wants to apply for discharge at this stage and he may be permitted to move appropriate application for discharge under the Code of Criminal Procedure, 1973 through counsel.
Learned Additional Government Advocate has no objection if any order is passed for consideration of discharge application.
It is, therefore, hereby provided that applicant shall move an appropriate application for discharge through counsel within a period of three weeks from today and in the event such application is filed for discharge, the same shall be considered and decided on merits by the court below within a further period of four weeks without granting any adjournment in the matter.
Until the disposal of application for discharge if moved by the applicant, no coercive measure shall be taken against the applicant pursuant to the aforesaid criminal proceedings in question.
However, it is made clear that this relief is a one time measure being afforded to the applicant so far interim protection is concerned as he has come with a bona fide prayer for discharge and if he fails to move an appropriate application as directed hereinabove the interim protection shall stand discharged and court below shall proceed the matter in accordance with law.
With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.
Order Date :- 29.1.2019 Atmesh