Court No. - 45
Case :- APPLICATION U/S 482 No. - 37064 of 2018 Applicant :- Avichal Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Dutt Counsel for Opposite Party :- G.A.,Shiv Nath Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Shiv Nath Singh, learned counsel for O.P. No.2.
The present 482, Cr.P.C. application has been filed to quash the entire proceedings as well as summoning order dated 10.9.2018 in Case No.30167 of 2018 arising out of Case Crime No.56 of 2017, under Sections 420, 467, 468, 469, 471, 120-B, IPC, P.S. Kotwali, District Kanpur Nagar, pending before the Metropolitan Magistrate-V, Kanpur Nagar.
Learned counsel for the applicant submits that the applicant has been falsely implicated by the police under the alleged sections.
Shri Shiv Nath Singh, learned counsel for O.P. No.2 has vehemently opposed this application.
In that view of the matter, the applicant is permitted to move discharge application through counsel before the trial court and the trial court shall decide the same within a period of one month from the date of production of a certified copy of this order.
Till the discharge application is decided, no coercive measure shall be taken against the applicant.
However, in case discharge application is rejected, the applicant is at liberty to appear and surrender before the courts below within three weeks thereafter and apply for bail. His bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290, as well as judgment passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (322) (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
The application stands disposed of.
Order Date :- 31.10.2018 T. Sinha