Court No. - 73
Case :- APPLICATION U/S 482 No. - 7415 of 2019 Applicant :- Ashok Sahu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. application has been filed to quash the proceedings of charge sheet dated 01.04.2018 in Case No. 652 of 2018 (State vs. Ashok Sahu), under section 3/7 Essential Commodities Act, arising out of Case Crime No. 455 of 2017 at Police Station Kotwali, District Jhansi, pending in the court of Additional Chief Judicial Magistrate-I, Jhansi.
The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings, therefore, the prayer for quashing the same is hereby refused.
At this stage, learned counsel for the applicant submits that applicant may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicant and in view of the entirety of facts and circumstances of the case, it is provided that if the applicants appear and move an appropriate application for discharge under section 239 Cr.P.C. through counsel before the court below within two weeks from the date of receipt of a certified copy of this order then the application of the applicant shall be considered and decided expeditiously preferably within a period of three months from the date of filing of discharge application in accordance with law.
If the applicants move an application as stated above within two weeks from today, no coercive action shall be taken against the applicants till disposal of the said application or four months from today, whichever is earlier.
In case, the discharge application filed by the applicant is rejected then the Court below shall consider and decide the bail application of the applicant in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Accordingly, the present application is disposed of.
Order Date :- 26.2.2019 Sartaj