Court No. - 72
Case :- APPLICATION U/S 482 No. - 2628 of 2019 Applicant :- Abhai Jeet Singh And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vinay Kumar Singh,Ajay Kumar Singh Yadav,Sri O.P. Singh Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
By means of this 482 Cr.P.C. application, applicants pray for quashing of the charge sheet dated 24th December, 2017 as well as summoning order dated 10th October, 2018 passed by the 2nd Additional Civil Judge (S.D.), Jaunpur in Case Crime No.- 1274 of 2017 under Sections 147, 352, 452, 504, 504, 506 I.P.C., Police Station- Kerakat, District- Jaunpur.
At the very outset, learned counsel for the applicants submits that they want to apply for discharge at this stage and they may be permitted to move appropriate application for discharge under the Code of Criminal Procedure, 1973 through counsel.
It is therefore, hereby provided that the applicants shall move an appropriate application for discharge through counsel within a period of four weeks from today and in the event such an application is filed for discharge, the same shall be considered and decided on merits by the court below within a further period of three weeks without granting any adjournment in the matter.
Until the disposal of application for discharge, if moved by the applicants, no coercive measures shall be taken pursuant to the criminal proceedings in question.
However, it is made clear that this relief is a one time measure being afforded to the applicants so far the interim protection is concerned as they have come with a bona fide prayer for discharge and if they fail to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law.
With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.
Order Date :- 22.1.2019 Atmesh