Court No. - 49
Case :- APPLICATION U/S 482 No. - 19762 of 2018 Applicant :- Amarnath Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar (Mishra) Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings of Case No. 2476 of 2016 (State Vs. Amarnath) arising out of Case Crime No. 1198 of 2015, under Sections 420, 467, 468 IPC, Police Station Kavi Nagar, District Ghaziabad pending before the IV Additional Chief Judicial Magistrate, Ghaziabad.
Learned counsel for the applicant submits that the applicant is a retired professor and that he had never made an application for providing security and he never claimed himself to be a chairman of Rajya Bhasha Ayog.
He further submits that there is no expert opinion of the handwriting expert to implicate the applicant with the application that gives rise to the present prosecution.
However, at present, it is difficult to contemplate a situation where any other person would have made an application which if allowed would have given benefit only to the applicant. He further stated that the applicant has been enlarged on bail and charges are yet to be framed.
Considering the above,, it shall always be open to the applicant to apply for discharge, if so advised, which application may necessarily be decided, in accordance with law, before charges be framed against the applicant.
The present application is disposed of. Order Date :- 30.5.2018 Mini