Court No. - 49
Case :- APPLICATION U/S 482 No. - 20034 of 2018 Applicant :- Amarnath Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajesh Kumar (Mishra) Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No.2475 of 2016 ( State Vs. Amarnath) arising out of Case Crime No.1280 of 2015, under Sections- 420, 406, 467, 468 I.P.C, Police Station- Kavi Nagar, District- Ghaziabad, pending in the court of IVth Additional Chief Judicial Magistrate, Ghaziabad.
Learned counsel for the applicant submits that no offence is made out against the applicant inasmuch no ingredients of offence as alleged is made out against the applicant. However, the aforesaid prosecution has been lodged against the applicant on the basis of the statement of the opposite party no. 2 and other witnesses recorded under Section 161 Cr.P.C., who have reiterated the version of the FIR.
It is further submitted that the applicant has already been enlarged on bail.
Considering the above, no useful purpose would be served in keeping the present application pending any further, the present application is disposed of.
However, it would be open to the applicant to avail his statutory remedy and seek discharge, which may be decided in accordance with law, before framing of charges.
Order Date :- 31.5.2018 SFH