Court No. - 45
Case :- APPLICATION U/S 482 No. - 46472 of 2018 Applicant :- Abdula Aziz @ Billu And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and the learned AGA for the State.
The submission is that the discharge application of the applicant has been rejected without considering the grounds raised therein.
A perusal of the discharge application shows that the applicant has raised number of grounds therein, which have not been considered by the Court below and by the impugned order the application has been rejected only on the ground that the charge-sheet has been filed and as per material collected by the Investigating Officer the offence under Section 406 I.P.C is clearly made out.
Learned AGA has submitted that at the stage of discharge, Court is not required to record detail findings and therefore, the order does not suffers from any error.
After considering the rival submissions, there is no denial of the fact that at the time of discharge, the court is not required to record reasons in detail but application of mind should be there.
In that view of the matter, order dated 2.2.2013 passed by Judicial Magistrate-1, Agra and order dated 5.12.2017 passed the learned Additional Session Judge, Court no.11, Agra in Criminal Revision No.89 of 2013 are hereby quashed.
Applicants stands allowed.
The court below is at liberty to pass fresh order on the discharge application within a period of two months.
Till the order is passed on the discharge application, no coercive action shall be taken against the applicant.
Order Date :- 21.12.2018 SS