Court No. - 71
Case :- APPLICATION U/S 482 No. - 7970 of 2019 Applicant :- Ambika Singh Yadav Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rajesh Kumar Yadav,Akhilesh Singh,Kailash Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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 initiated against the applicant in Special Trial No. 12 of 2012 (Case Crime No. 222 of 2006), under sections 193, 218, 409, 420, 467,468, 471, 477-A, 120-B I.P.C. and section 13(1)D, 13(2) Prevention of Corruption Act, Police Station Kotwali, District Chandauli and the impugned N.B.W. dated 10.12.2018 and 04.01.2019.
Learned counsel for the applicant submits that applicant has not been assigned any specific role in the First Information Report. It has been submitted that applicant was only camp clerk and has been falsely implicated in this case.Applicant intends to file discharge application.
In that view of the matter, applicant is permitted to move discharge application within one month from today through counsel before the trial Court and the trial court shall decide the same within a period of three months from the date of filing of application along with certified copy of this order.However before filing the discharge application, applicant shall furnish bond as per section 88 Cr.P.C. before the court below and will appear on each and every date.On failure to appear after release on bond proceedings under section 229-A I.P.C.shall be initiated against him.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
In the event of failure, on part of the applicant to act as directed above, the Court below may adopt coercive measures against him to ensure his presence.
With the aforesaid direction,the application is disposed of. Order Date :- 28.2.2019 Ruchi Agrahari