Court No. - 76
Case :- CRIMINAL REVISION No. - 4421 of 2019 Revisionist :- Amit Pratap Singh Opposite Party :- State Of U.P. And 2 Ors. Counsel for Revisionist :- In Person Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the revisionist and learned A.G.A. for the State.
2. The present criminal revision has been filed to quash the impugned order dated 9.9.2019 passed by the learned Chief Judicial Magistrate, Kasiya Kushinagar whereby the discharge application moved under section 239 Cr.P.C on behalf of revisionist which has been rejected in Criminal Case No.643 of 2019 ( State Vs. Amit Pratap Singh) as well as the entire proceedings of the case.
3. A complaint case was filed as complaint case No.321/14 before the learned Judicial Magistrate, Kasya, Kushinagar by the applicant. The opposite party no.2 was sent to jail pursuant to the proceedings of said complaint case and after being enlarged on bail, he conspired with the lawyer and a false and fabricated story was made.
4. It has been submitted by the learned counsel for the applicant that initially opposite party no.3 was the lawyer of the applicant and he misused the documents provided by the applicant, for the professional misconduct on the complaint lodged, the disciplinary committee of the Bar Council of Uttar Pradesh has initiated proceeding and he has been held guilty of professional misconduct.
5. The charge sheet was filed against the applicant on the basis of the false and fabricated story framed by the opposite party no.2 in conclusion with the earlier lawyer of the applicant and the discharge application has been moved, which has been rejected on mechanical manner.
6. Considering the facts and circumstances of the case, learned counsel for the applicant is directed to move a fresh discharge application taking all the grounds before the Court concerned and the same will be decided by the Court concerned by a reasoned and speaking order after considering all the facts mentioned in the discharge application within two months from the date of production of a certified copy of this order.
7. Till the decision of the discharge application, no coercive action shall be taken against the revisionist.
8. With the above observations, this application stands disposed of.
Order Date :- 26.11.2019 SFH