Court No. - 69
Case :- APPLICATION U/S 482 No. - 8429 of 2009 Applicant :- Amrit Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Indrabhan Singh,Subhash Chandra Tiwari Counsel for Opposite Party :- Govt. Advocate,S.Shukla,Sanjay Mani Tripathi,Sanjay Shukla,Satendra Narayan Singh
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned counsel appearing for the contesting opposite party no.2 and learned AGA for the State and perused the record brought on record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 4185 of 2008, under sections 419, 420, 467, 468, 471, P.S. Bakhira, District Sant Kabir Nagar as well as charge sheet dated 4.6.2008, pending in the court C.J.M., Sant Kabir Nagar.
Learned carousel for the applicants contended that this Court had stayed the proceedings of the aforesaid case against applicants vide order dated 8.4.2009.
The prayer for quashing the proceedings of the aforesaid case as well as charge sheet pending before the court concerned is refused.
Moreover, the applicants have got a right of discharge under section 239,245 or 227/228 Cr.P.C. through his counsel as the case may be by moving a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the trial court.
However, it is provided that till the conclusion of trial no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 21.8.2019 IA